Land Reform Ballot Services

Tender description

The Scottish Government has placed a contract with an external service provider for the provision of Land Reform Ballot Services. The service provider will be required to conduct ballots for communities as and when required within the legislative requirements of the community right to buy provisions in the Land Reform (Scotland) Act 2003 as amended by the Community Empowerment (Scotland) Act 2015. The Land Reform (Scotland) Act 2003, as amended by the Community Empowerment (Scotland) Act 2015, provides an opportunity for communities throughout Scotland to register an interest in land with which they have a connection and to purchase that registered land when it comes up for sale. In essence, communities, represented through a community body, a legal entity, as provided for in the community right to buy legislation, have the first right of refusal on land in which they have an interest. If the landowner offers the registered land for sale, the “right to buy” process is then activated. Scottish Ministers have appointed a balloter to conduct a ballot of the community, as defined by the community body seeking to acquire the registered land. The balloter is required to ballot communities that are proceeding through the community right to buy. Each community has been defined by a community body formed for the purposes of using the community right to buy provisions in the Land Reform (Scotland) Act 2003. The ballot process is covered by sections 51, 51A, 51B, 51C and 52 of the 2003 Act, sections 48, 49, 51, 52 and 53 of the 2015 Act, and Part 7 of The Community Right to Buy (Scotland) Regulations 2015. Under the community right to buy provisions, the balloter must undertake the ballot within a specified timescale, set out in the legislation. This includes the issue of ballot papers (including papers for a proxy vote) and any accompanying information to eligible voters. Conducting the ballot; counting returned voting papers which have been received by the specified date and time, and return the ballot results on a specified form, the ballot return form, in schedule 11 of the Community Right to Buy (Scotland) Regulations 2015 and Regulation 2(4) of the Community Right to Buy (Scotland) Amendment Regulations 2016, to Scottish Ministers.