LegalizeReform history
Crofting Reform etc. Act 2007
3 versions
· 2007-03-01
2008-01-28
Crofting Reform etc. Act 2007
2007-06-25
Crofting Reform etc. Act 2007
Changes on 2007-06-25
@@ -20,7 +20,7 @@
> (59A)
> (1) The Commission shall discharge their functions in a manner which encourages equal opportunities and, in particular, the observance of the equal opportunities requirements.
> (2) In subsection (1) above, “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act [1998 (c. 46)](https://www.legislation.gov.uk/ukpga/1998/46).
> (2) In subsection (1) above, “*equal opportunities*” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).
.
@@ -99,11 +99,11 @@
- (a) in subsection (1)—
- (i) for the words “The Commission may by notice” there is substituted “Without prejudice to any other provision of this Act whereby information may or shall be obtained by them, the Commission may by notice under this section”; and
- (ii) after the words “any holding” insert “, or on the executor of the person who most recently was the owner or occupier of any holding,”;
- (b) in subsection (2), for the words “owner or occupier” there is substituted “owner, occupier or executor”; and
- (i) for the words “The Commission may by notice” there is substituted “ Without prejudice to any other provision of this Act whereby information may or shall be obtained by them, the Commission may by notice under this section ”; and
- (ii) after the words “any holding” insert “ , or on the executor of the person who most recently was the owner or occupier of any holding, ”;
- (b) in subsection (2), for the words “owner or occupier” there is substituted “ owner, occupier or executor ”; and
- (c) after subsection (2) there is added—
@@ -123,8 +123,8 @@
- (i) for paragraph (c) there is substituted—
> (ca) the landlord’s address and, where the tenant’s address is different from the address of the croft, the tenant’s address;
> (cb) where the landlord’s estate is managed on his behalf by another person, a statement that it is so managed and the name and address of that other person;
> (ca) the landlord's address and, where the tenant's address is different from the address of the croft, the tenant's address;
> (cb) where the landlord's estate is managed on his behalf by another person, a statement that it is so managed and the name and address of that other person;
> (cc) where the tenant of a croft holds a right in a common grazing—
> (i) the location and boundaries of the grazing;
> (ii) the owner of the grazing and his address;
@@ -143,7 +143,7 @@
; and
- (ii) for the words “the accuracy of the Register” there is substituted “, so far as practicable, that the Register is consistent with such information as the Commission has obtained under or by virtue of this Act”;
- (ii) for the words “the accuracy of the Register” there is substituted “ , so far as practicable, that the Register is consistent with such information as the Commission has obtained under or by virtue of this Act ”;
- (b) for subsection (3) there is substituted—
@@ -177,7 +177,7 @@
> to constitute the holding as a croft by entering it as such, in accordance with section 41 of this Act, in that register; and on the holding being so constituted the tenant shall be entitled to be registered, in accordance with section 41(2)(b) of this Act, as its tenant.
> (3) Any application under subsection (2) above must be accompanied by a certificate of the Land Court to the effect that the Court is satisfied that, as at the date of the certificate—
> (a) the tenancy of the holding is one to which—
> (i) section 32 of the Small Landholders (Scotland) Act [1911 (c. 49)](https://www.legislation.gov.uk/ukpga/1911/49) applies; or
> (i) section 32 of the Small Landholders (Scotland) Act 1911 (c. 49) applies; or
> (ii) any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies; and
> (b) no part of the holding is leased other than as a tenancy mentioned in paragraph (a) above.
> (4) No such entry as is mentioned in subsection (2) above shall be made under that subsection—
@@ -197,7 +197,7 @@
> (c) whether social or economic benefits might be expected as a consequence of so constituting it.
> (9) No application is to be made under subsection (1) above in respect of an agricultural holding occupied by a tenant where—
> (a) the tenancy is—
> (i) a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act [2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11)); or
> (i) a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)); or
> (ii) a short limited duration tenancy or limited duration tenancy (within the meaning of that Act); or
> (b) it is competent for the tenant to make an application under subsection (2) above,
> if the written agreement of the tenant has not been obtained; and on such a holding being constituted as a croft under subsection (1) above the tenant shall be entitled (unless not a natural person) to be registered, in accordance with section 41(2)(b) of this Act, as its tenant.
@@ -225,7 +225,7 @@
> (b) having regard to the value that would be likely to be agreed between a reasonable buyer and seller of such a holding assuming—
> (i) that the buyer and seller are, as respects the transaction, willing; and
> (ii) that the buyer is a sitting tenant;
> (c) taking account, in so far as a buyer and a seller of the holding would do so, of any factor attributable to the known existence of a person who (not being the applicant) would be willing to buy the holding at a price higher than other persons because of a characteristic of the holding which relates peculiarly to that person’s interest in buying it; and
> (c) taking account, in so far as a buyer and a seller of the holding would do so, of any factor attributable to the known existence of a person who (not being the applicant) would be willing to buy the holding at a price higher than other persons because of a characteristic of the holding which relates peculiarly to that person's interest in buying it; and
> (d) taking account of the terms and conditions of any lease of sporting interests affecting the land.
> (4) The valuer is to invite the owner and the applicant to make written representations about the valuation of the holding under this section and is to have regard to any such representation.
> (5) The valuer may—
@@ -234,7 +234,7 @@
> for the purpose of any assessment under this section.
> (6) The valuer must, within 6 weeks after being appointed, send to the owner and the applicant a notice in writing specifying the compensation payable and setting out how its amount was calculated.
> (7) The expenses of the valuer accrued in carrying out his functions under this section are to be met by the applicant.
> (8) In this section “valuer” includes two valuers with an oversman.
> (8) In this section “*valuer*” includes two valuers with an oversman.
> (3C)
> (1) The owner or the applicant may appeal to the Lands Tribunal for Scotland against an assessment carried out under section 3B.
> (2) An appeal under this section—
@@ -266,7 +266,7 @@
> (a) the natural beauty of the locality of the croft; or
> (b) the flora and fauna of that locality,
> engages in, or refrains from, an activity, his so engaging or refraining is not to be treated as a breach of any of the statutory conditions as respects the croft.
> (2B) If, immediately before the coming into force of section 7 of the Crofting Reform etc. Act [2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), the croft was being used for a subsidiary or auxiliary occupation by virtue of the right conferred by paragraph 3 of Schedule 2 to this Act (as that paragraph then applied), any continuation of use for that occupation is not to be treated as a breach of the statutory conditions as respects the croft.
> (2B) If, immediately before the coming into force of section 7 of the Crofting Reform etc. Act 2007 (asp 7), the croft was being used for a subsidiary or auxiliary occupation by virtue of the right conferred by paragraph 3 of Schedule 2 to this Act (as that paragraph then applied), any continuation of use for that occupation is not to be treated as a breach of the statutory conditions as respects the croft.
; and
@@ -277,8 +277,8 @@
> (b) any of sections 8, 12 to 19, 21 and 37 of this Act, may be intimated to the Commission by a party to the agreement (the intimation being in such form as the Commission may specify and there being provided to the Commission, along with the intimation, a copy of the contract or agreement).
> (4) On giving approval under subsection (3)(a) above, the Land Court shall intimate to the Commission that it has done so and provide them with a copy of the contract or agreement.
> (5) On receiving a copy, provided under subsection (3)(b) or (4) above, of a contract or agreement the Commission shall enter the copy in the Register of Crofts.
> (6) Where a copy is so entered then, subject to the terms of the contract or agreement, the deprival in question is binding on the successors to the crofter’s interest.
> (7) Before the croft is put to any such use as is mentioned in paragraph 3(b) of the statutory conditions, the crofter must apply for the landlord’s written consent and either—
> (6) Where a copy is so entered then, subject to the terms of the contract or agreement, the deprival in question is binding on the successors to the crofter's interest.
> (7) Before the croft is put to any such use as is mentioned in paragraph 3(b) of the statutory conditions, the crofter must apply for the landlord's written consent and either—
> (a) obtain it unconditionally or subject to conditions which the crofter accepts; or
> (b) obtain the consent of the Commission.
> (8) Any application for consent under paragraph (b) of subsection (7) above is to be made under this subsection but may be made only where consent under paragraph (a) of that subsection (whether unconditional or subject to such conditions as are mentioned in paragraph (a)) has not been obtained within 28 days after application under paragraph (a).
@@ -321,7 +321,7 @@
- (d) after paragraph 5 there is inserted—
> (5A) In sub-paragraphs (b) and (c) of paragraph 5 above, “relevant notice” means notice given by the landlord to the crofter not to do, or not to allow, a particular thing or not to engage in a particular course of conduct (being a thing or course of conduct specified in the notice and relevant to the deterioration or prejudice in question).
> (5A) In sub-paragraphs (b) and (c) of paragraph 5 above, “*relevant notice*” means notice given by the landlord to the crofter not to do, or not to allow, a particular thing or not to engage in a particular course of conduct (being a thing or course of conduct specified in the notice and relevant to the deterioration or prejudice in question).
;
@@ -331,7 +331,7 @@
;
- (f) in paragraph 7, for the word “subdivide” there is substituted “divide”;
- (f) in paragraph 7, for the word “subdivide” there is substituted “ divide ”;
- (g) in paragraph 9, the word “persistently” is repealed;
@@ -395,12 +395,12 @@
> (6) Where, on an application made by virtue of paragraph (b) of subsection (1) above in the circumstances mentioned in subsection (4) above, the Court is minded to make the order applied for, it shall so notify the crofter but shall not make the order (the crofter being advised accordingly in the notification) if, by the end of a period of 42 days commencing with the day on which notification is given, he is able to satisfy the Court that the croft is being managed so as to meet the standards mentioned in subsection (7) below.
> (7) For the purposes of subsection (1) above, a crofter—
> - “misuses” a croft where he wilfully and knowingly uses it otherwise than for the purpose of its being cultivated or put to such other purposeful use as is duly consented to by virtue of section 5(7) of this Act;
> - “neglects” a croft where the croft is not managed so as to meet the standards of good agricultural and environmental condition referred to in regulation 4 of, and the Schedule to, the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004 ([SSI 2004 No. 518](https://www.legislation.gov.uk/ssi/2004/518)).
> - “neglects” a croft where the croft is not managed so as to meet the standards of good agricultural and environmental condition referred to in regulation 4 of, and the Schedule to, the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004 (SSI 2004 No. 518).
> (8) But where the crofter, for the purpose of conserving—
> (a) the natural beauty of the locality of the croft; or
> (b) the flora and fauna of that locality,
> engages in, or refrains from, an activity, his so engaging or refraining is not, for the purposes of subsection (1) above, to be treated as misuse or neglect as respects the croft.
> (9) If, immediately before the coming into force of section 8 of the Crofting Reform etc. Act [2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), the croft was being used for a subsidiary or auxiliary occupation by virtue of the right conferred by paragraph 3 of Schedule 2 to this Act (as that paragraph then applied), any continuation of use for that occupation is not, for the purposes of subsection (1) above, to be treated as misuse or neglect as respects the croft.
> (9) If, immediately before the coming into force of section 8 of the Crofting Reform etc. Act 2007 (asp 7), the croft was being used for a subsidiary or auxiliary occupation by virtue of the right conferred by paragraph 3 of Schedule 2 to this Act (as that paragraph then applied), any continuation of use for that occupation is not, for the purposes of subsection (1) above, to be treated as misuse or neglect as respects the croft.
> (10) The Scottish Ministers may by order made by statutory instrument amend the definition of “neglects” in subsection (7) so as to substitute different standards for those for the time being mentioned in that subsection.
> (11) A statutory instrument containing an order under subsection (10) shall not be made unless a draft of the instrument has been—
> (a) laid before; and
@@ -443,9 +443,9 @@
> (4) After division, the rent payable for the new crofts shall be that agreed between the landlord and the tenant.
> (5) In the event that such agreement cannot be reached, the Land Court, on the application of the landlord or the tenant, shall have the power to determine the rent in accordance with subsections (3) and (4) of section 6 of this Act, the fees payable in connection with such an application being borne by the tenant.
> (6) In this section—
> - “division” means the division of a croft into two or more new crofts (“divide” being construed accordingly);
> - “original croft” means the croft which is the subject of an application for division; and
> - “new crofts” mean each of the crofts created by the division of the original croft.
> - “*division*” means the division of a croft into two or more new crofts (“divide” being construed accordingly);
> - “*original croft*” means the croft which is the subject of an application for division; and
> - “*new crofts*”mean each of the crofts created by the division of the original croft.
.
@@ -455,7 +455,7 @@
- (1) In section 27 of the 1993 Act (provisions as to right to sublet)—
- (a) in subsection (1), after the words “his croft” there is inserted “, for a period not exceeding 10 years,”; and
- (a) in subsection (1), after the words “his croft” there is inserted “ , for a period not exceeding 10 years, ”; and
- (b) for subsections (3) and (4) there is substituted—
@@ -478,7 +478,7 @@
- (b) after subsection (3) there is inserted—
> (3A) Where the tenancy of a croft is terminated by virtue of the death of the crofter, the Commission shall, as part of their consideration in determining whether to make an order under the proviso to subsection (3) above and if so what period of occupation to permit—
> (a) consult the deceased crofter’s executor; and
> (a) consult the deceased crofter's executor; and
> (b) have regard in particular to such hardship as might, according to what they decide, be occasioned—
> (i) the former subtenant; or
> (ii) an assignee or transferee of the interest of tenant,
@@ -491,11 +491,11 @@
In section 8 of the 1993 Act (assignation of croft)—
- (a) in subsection (1), for paragraphs (a) and (b) there is substituted “unless he obtains the consent of the Commission”;
- (a) in subsection (1), for paragraphs (a) and (b) there is substituted “ unless he obtains the consent of the Commission ”;
- (b) for subsections (2) to (4) there is substituted—
> (2) In the case of an application made by virtue of subsection (1) above in respect of an assignation to a person other than a member of the crofter’s family, the following special conditions apply for the purposes of section 58A(6)(b)(ii) of this Act—
> (2) In the case of an application made by virtue of subsection (1) above in respect of an assignation to a person other than a member of the crofter's family, the following special conditions apply for the purposes of section 58A(6)(b)(ii) of this Act—
> (a) that the proposed assignee lives, or intends to live, more than 16 kilometres distant from the croft;
> (b) that he already owns or is tenant of a croft;
> (c) that he lacks the knowledge, abilities and experience to cultivate the croft or as the case may be to put it to such other purposeful use as he intends;
@@ -505,9 +505,9 @@
;
- (c) in subsection (5), for the words from “in writing” to “above” there is substituted “of the Commission”; and
- (d) in subsection (6), for the words from “at the term” to “may be,” there is substituted “on such date as the Commission shall specify in the consent (being a date not less than two months after that on which the consent was intimated to the crofter) unless before that date”.
- (c) in subsection (5), for the words from “in writing” to “above” there is substituted “ of the Commission ”; and
- (d) in subsection (6), for the words from “at the term” to “may be,” there is substituted “ on such date as the Commission shall specify in the consent (being a date not less than two months after that on which the consent was intimated to the crofter) unless before that date ”.
#### Bequest of tenancy of croft
@@ -523,19 +523,19 @@
- (3) In subsection (2)—
- (a) after the word “landlord”, where it first occurs, there is inserted “and send a copy of the notice to the Commission, both”;
- (b) for the word “2” there is substituted “4”;
- (c) for the words “unavoidable cause” there is substituted “cause, being a cause which the Commission accept is unavoidable,”;
- (d) after the words “give such notice” there is inserted “(and send such a copy)”;
- (e) for the word “4” there is substituted “6”;
- (f) after the word “given” there is inserted “(and copy sent)”;
- (g) after the words “the provisions of this subsection”, there is inserted “or subsection (2A) below”; and
- (a) after the word “landlord”, where it first occurs, there is inserted “ and send a copy of the notice to the Commission, both ”;
- (b) for the word “2” there is substituted “ 4 ”;
- (c) for the words “unavoidable cause” there is substituted “ cause, being a cause which the Commission accept is unavoidable, ”;
- (d) after the words “give such notice” there is inserted “ (and send such a copy) ”;
- (e) for the word “4” there is substituted “ 6 ”;
- (f) after the word “given” there is inserted “ (and copy sent) ”;
- (g) after the words “the provisions of this subsection”, there is inserted “ or subsection (2A) below ”; and
- (h) the words from “The giving of such notice” to the end are repealed.
@@ -543,12 +543,12 @@
> (2A) Notice under subsection (2) above of the bequest may be given by an executor of the deceased crofter authorised for that purpose by the legatee.
> (2B) The giving of notice to the landlord in accordance with the provisions of subsection (2) or (2A) above shall import acceptance of the bequest; and the legatee if—
> (a) he is a member of the deceased crofter’s family; or
> (b) he is a person other than a member of the deceased crofter’s family and the landlord does not intimate objection to the legatee in accordance with subsection (3) below,
> (a) he is a member of the deceased crofter's family; or
> (b) he is a person other than a member of the deceased crofter's family and the landlord does not intimate objection to the legatee in accordance with subsection (3) below,
> shall come into the place of the deceased crofter (as from the date of death of the deceased crofter) on the relevant date mentioned in subsection (2D) below.
> (2C) Where notice is given in accordance with the provisions of subsection (2) or (2A) above and—
> (a) the legatee is a member of the deceased crofter’s family, the Commission shall notify the legatee of the information they require for the purpose of updating the Register of Crofts in relation to the tenancy; or
> (b) the legatee is a person other than a member of the deceased crofter’s family and the Commission receive no intimation of objection to the legatee in accordance with subsection (3) below, they shall notify the legatee—
> (a) the legatee is a member of the deceased crofter's family, the Commission shall notify the legatee of the information they require for the purpose of updating the Register of Crofts in relation to the tenancy; or
> (b) the legatee is a person other than a member of the deceased crofter's family and the Commission receive no intimation of objection to the legatee in accordance with subsection (3) below, they shall notify the legatee—
> (i) to that effect; and
> (ii) of the information referred to in paragraph (a) above.
> (2D) The Commission shall notify the legatee when they are satisfied that he has provided the information required by them in their notification to him under subsection (2C) above; and the “relevant date” referred to in subsection (2B) above is the date on which the Commission notify the legatee under this subsection.
@@ -557,7 +557,7 @@
- (5) For subsection (3), there is substituted—
> (3) Where the legatee is a person other than a member of the deceased crofter’s family, the landlord may, within one month (or such longer period as may be determined by the Commission on an application made to them by the landlord) after the date of the notice given to him in accordance with subsection (2) or (2A) above, intimate to—
> (3) Where the legatee is a person other than a member of the deceased crofter's family, the landlord may, within one month (or such longer period as may be determined by the Commission on an application made to them by the landlord) after the date of the notice given to him in accordance with subsection (2) or (2A) above, intimate to—
> (a) the legatee; and
> (b) the Commission,
> that he objects to the legatee becoming tenant of the croft; and any such intimation shall state the grounds of objection.
@@ -574,19 +574,19 @@
- (7) After that subsection, there is inserted—
> (4A) In a case where subsection (4)(b) above applies, the Commission shall notify the legatee when they are satisfied that he has provided the information required by them in their notification to him under sub-paragraph (ii) of that subsection; and, if no appeal is made under subsection (4B) below against the Commission’s decision under subsection (4)(b) above, the legatee shall come into the place of the deceased crofter (as from the date of the deceased crofter’s death) on the date on which the Commission notify the legatee under this subsection.
> (4B) The legatee or, as the case may be, the landlord may, within 42 days after the giving of notification of the Commission’s decision under paragraph (a) or (b) of subsection (4) above in relation to the objection, appeal by way of stated case, on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court against that decision.
> (4A) In a case where subsection (4)(b) above applies, the Commission shall notify the legatee when they are satisfied that he has provided the information required by them in their notification to him under sub-paragraph (ii) of that subsection; and, if no appeal is made under subsection (4B) below against the Commission's decision under subsection (4)(b) above, the legatee shall come into the place of the deceased crofter (as from the date of the deceased crofter's death) on the date on which the Commission notify the legatee under this subsection.
> (4B) The legatee or, as the case may be, the landlord may, within 42 days after the giving of notification of the Commission's decision under paragraph (a) or (b) of subsection (4) above in relation to the objection, appeal by way of stated case, on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court against that decision.
> (4C) In an appeal under subsection (4B) above the Court may—
> (a) confirm the decision;
> (b) direct the Commission to come to a different decision; or
> (c) remit the case to the Commission without so directing them.
> (4D) Where, on an appeal under subsection (4B) above, the Land Court directs the Commission to decide that a bequest under subsection (1) above be upheld, the legatee shall come into the place of the deceased crofter (as from the date of the deceased crofter’s death) on the date the Court directs under this subsection.
> (4D) Where, on an appeal under subsection (4B) above, the Land Court directs the Commission to decide that a bequest under subsection (1) above be upheld, the legatee shall come into the place of the deceased crofter (as from the date of the deceased crofter's death) on the date the Court directs under this subsection.
> (4E) A legatee who comes into the place of a deceased crofter in accordance with subsection (2B), (4A) or, as the case may be, (4D) above, in doing so—
> (a) becomes liable for such debts of the deceased crofter’s estate as are attributable to the tenancy; and
> (b) shall, if requested to do so by the executor, pay the reasonable expenses necessarily and wholly incurred by the executor in relation to the administration and management of the tenancy during the period beginning with the date of the deceased crofter’s death and ending immediately before the date when the legatee so comes into the place of the deceased crofter; and such expenses—
> (a) becomes liable for such debts of the deceased crofter's estate as are attributable to the tenancy; and
> (b) shall, if requested to do so by the executor, pay the reasonable expenses necessarily and wholly incurred by the executor in relation to the administration and management of the tenancy during the period beginning with the date of the deceased crofter's death and ending immediately before the date when the legatee so comes into the place of the deceased crofter; and such expenses—
> (i) shall, in the event of a dispute as to amount, be determined by the Land Court on the application of the executor or the legatee; and
> (ii) shall not fall to be met from the deceased crofter’s estate.
> (4F) Notwithstanding that a legatee comes into the place of the deceased crofter as mentioned in subsection (4E) above, the tenancy is an asset of the deceased crofter’s estate, available along with the other assets of the estate to meet the other expenses of administration, and debts, of the estate; and any such legatee is liable to contribute to such expenses and debts accordingly.
> (ii) shall not fall to be met from the deceased crofter's estate.
> (4F) Notwithstanding that a legatee comes into the place of the deceased crofter as mentioned in subsection (4E) above, the tenancy is an asset of the deceased crofter's estate, available along with the other assets of the estate to meet the other expenses of administration, and debts, of the estate; and any such legatee is liable to contribute to such expenses and debts accordingly.
.
@@ -594,13 +594,13 @@
##### 14
- (1) Section 8 of the Succession (Scotland) Act [1964 (c. 41)](https://www.legislation.gov.uk/ukpga/1964/41) (prior rights, on intestacy, in dwelling house and furniture) is amended as follows.
- (1) Section 8 of the Succession (Scotland) Act 1964 (c. 41) (prior rights, on intestacy, in dwelling house and furniture) is amended as follows.
- (2) In subsection (1)—
- (a) for the words “dwelling house to which this section applies,”, there is substituted “dwelling house mentioned in subsection (4)(a) of this section,”;
- (b) after the words “shall be entitled” there is inserted “, subject to subsection (2B) of this section,”; and
- (a) for the words “dwelling house to which this section applies,”, there is substituted “ dwelling house mentioned in subsection (4)(a) of this section, ”;
- (b) after the words “shall be entitled” there is inserted “ , subject to subsection (2B) of this section, ”; and
- (c) the proviso is repealed.
@@ -629,7 +629,7 @@
- (5) In subsection (6), before paragraph (a) there is inserted—
> (za) “cohabitant” means a person—
> (za) “*cohabitant*” means a person—
> (i) who was living with the intestate as if married to him; or
> (ii) who was living with the intestate as if in civil partnership with him,
> and had been so living for at least 2 years.
@@ -642,17 +642,17 @@
- (1) Section 16 of the Succession (Scotland) Act 1964 (powers of executor to assign lease which prohibits assignation) is amended as follows.
- (2) In subsection (2), for the words from “notwithstanding” to the end, there is substituted “subject to subsection (2A) of this section, to transfer the interest.”.
- (2) In subsection (2), for the words from “notwithstanding” to the end, there is substituted “ subject to subsection (2A) of this section, to transfer the interest. ”.
- (3) After that subsection, there is inserted—
> (2A) Transfer by an executor pursuant to subsection (2) of this section—
> (a) of an interest under an agricultural lease which is a lease of a croft within the meaning of section 3(1) of the Crofters (Scotland) Act [1993 (c. 44)](https://www.legislation.gov.uk/ukpga/1993/44) shall require the consent of the Crofters Commission; and
> (b) of an interest under any other lease (including any agricultural lease which does not fall within paragraph (a) of this subsection) and which is not a transfer to one of the persons entitled to succeed to the deceased’s intestate estate or to claim legal rights or the prior rights of a surviving spouse or civil partner out of the estate, in satisfaction of that person’s entitlement or claim, shall require the consent of the landlord.
.
- (4) In subsection (9), in the definition of “agricultural lease”, for the words “Act of 1955” there is substituted “Crofters (Scotland) Act 1993 (or of any part of a croft if it is a part consisting of a right mentioned in section 3(4)(a) of that Act)”.
> (a) of an interest under an agricultural lease which is a lease of a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993 (c. 44) shall require the consent of the Crofters Commission; and
> (b) of an interest under any other lease (including any agricultural lease which does not fall within paragraph (a) of this subsection) and which is not a transfer to one of the persons entitled to succeed to the deceased's intestate estate or to claim legal rights or the prior rights of a surviving spouse or civil partner out of the estate, in satisfaction of that person's entitlement or claim, shall require the consent of the landlord.
.
- (4) In subsection (9), in the definition of “agricultural lease”, for the words “Act of 1955” there is substituted “ Crofters (Scotland) Act 1993 (or of any part of a croft if it is a part consisting of a right mentioned in section 3(4)(a) of that Act) ”.
#### Transfer of tenancy of croft by executor: special provision relating to the 1993 Act
@@ -661,18 +661,18 @@
After section 16 of the Succession (Scotland) Act 1964, there is inserted—
> (16A)
> (1) The requirement in section 16(2A)(a) of this Act to obtain the consent of the Crofters Commission shall be treated as if it were a requirement under the Crofters (Scotland) Act [1993 (c. 44)](https://www.legislation.gov.uk/ukpga/1993/44) and accordingly section 58A of that Act shall apply for the purposes of the requirement as it applies for the purposes of a requirement under that Act.
> (2) In the case of an application for the consent of the Crofter’s Commission made by virtue of section 16(2A)(a) of this Act in respect of a transfer to a person other than a member of the crofter’s family, the following special conditions apply for the purposes of section 58A(6)(b)(ii) of the Crofters (Scotland) Act 1993—
> (1) The requirement in section 16(2A)(a) of this Act to obtain the consent of the Crofters Commission shall be treated as if it were a requirement under the Crofters (Scotland) Act 1993 (c. 44) and accordingly section 58A of that Act shall apply for the purposes of the requirement as it applies for the purposes of a requirement under that Act.
> (2) In the case of an application for the consent of the Crofter's Commission made by virtue of section 16(2A)(a) of this Act in respect of a transfer to a person other than a member of the crofter's family, the following special conditions apply for the purposes of section 58A(6)(b)(ii) of the Crofters (Scotland) Act 1993—
> (a) that the proposed transferee lives, or intends to live, more than 16 kilometres distant from the croft;
> (b) that he already owns or is tenant of a croft;
> (c) that he lacks the knowledge, abilities and experience to cultivate the croft or as the case may be to put it to such other purposeful use as he intends;
> (d) that he is the grazings clerk or a member of the grazings committee;
> (e) where the landlord is not a natural person, that the proposed transferee is a member or employee, or is a member of the family of a member or employee, of the body which constitutes the landlord;
> (f) that there are reasonable grounds for concern over the use to which the proposed transferee intends to put the croft.
> (3) Where the consent of the Crofter’s Commission to a transfer is required by section 16(2A)(a) of this Act, and the executor transfers the interest without the consent of the Commission—
> (3) Where the consent of the Crofter's Commission to a transfer is required by section 16(2A)(a) of this Act, and the executor transfers the interest without the consent of the Commission—
> (a) the transfer and any deed purporting so to transfer the interest shall be null and void; and
> (b) the Commission may declare the croft to be vacant.
> (4) A transfer to which the Crofter’s Commission have given their consent under section 16(2A)(a) of this Act shall take effect on such date as the Commission shall specify in the consent (being a date not less than two months after that on which the consent was intimated to the executor) unless before that date the executor and the transferee jointly give to the Commission notice in writing that they do not intend to proceed with the transfer.
> (4) A transfer to which the Crofter's Commission have given their consent under section 16(2A)(a) of this Act shall take effect on such date as the Commission shall specify in the consent (being a date not less than two months after that on which the consent was intimated to the executor) unless before that date the executor and the transferee jointly give to the Commission notice in writing that they do not intend to proceed with the transfer.
> (5) An appeal shall lie on any question of fact or law to the Land Court against a decision of the Crofters Commission on an application made to them under section 16(2A)(a) of this Act.
> (6) The appellant may be the applicant or any person with an interest in the application.
> (7) An appeal under subsection (5) of this section must be brought within 42 days after the Commission dispose of the application.
@@ -686,7 +686,7 @@
- (1) Section 11 of the 1993 Act (intestacy) is amended as follows.
- (2) In subsection (2), for the word “3” there is substituted “12”.
- (2) In subsection (2), for the word “3” there is substituted “ 12 ”.
- (3) In subsection (3)—
@@ -696,9 +696,9 @@
- (i) the word “otherwise” is repealed; and
- (ii) after the word “tenancy,” there is inserted “the date (no later than 2 months after the date of death of the deceased crofter) on which the Commission receive notification of the death or, where no such notification is received,”; and
- (c) in paragraph (d), for the words “on which the Commission notified the landlord and the legatee” there is substituted “of notification by the Commission”.
- (ii) after the word “tenancy,” there is inserted “ the date (no later than 2 months after the date of death of the deceased crofter) on which the Commission receive notification of the death or, where no such notification is received, ”; and
- (c) in paragraph (d), for the words “on which the Commission notified the landlord and the legatee” there is substituted “ of notification by the Commission ”.
- (4) For subsections (4) to (9), there is substituted—
@@ -710,7 +710,7 @@
> (5) If, having considered representations (if any) made to them in accordance with subsection (4) above, the Commission are satisfied that—
> (a) the landlord or the executor has terminated the tenancy in accordance with section 16(3)(b) of the Succession (Scotland) Act 1964;
> (b) the executor is proposing to transfer the tenancy; or
> (c) a person is entitled to a transfer of the tenancy in or towards the satisfaction of his claim to prior rights or his entitlement to succeed to the deceased’s intestate estate,
> (c) a person is entitled to a transfer of the tenancy in or towards the satisfaction of his claim to prior rights or his entitlement to succeed to the deceased's intestate estate,
> they are not to implement their proposal; but if not so satisfied they may implement their proposal if they consider it appropriate to do so.
> (6) If, by virtue of subsection (5) above, the Commission are not entitled to implement their proposal, but it appears to them subsequently (by means of representations made to them or otherwise) that the tenancy is not being transferred or is unable to be transferred, the Commission may give notice again as mentioned in subsection (4) above.
> (7) If, having considered representations (if any) made to them in accordance with subsection (4) above as respects a proposal contained in a notice given by virtue of subsection (6) above, the Commission are satisfied that it is appropriate to implement their proposal they may do so.
@@ -728,9 +728,9 @@
.
- (5) In subsection (10), for the words from the beginning to “In this subsection the expression “the value of the”, there is substituted “In subsection (8)(c) above, the expression “the value of the permanent”.
- (6) In subsection (11)(a), for the words “subsection (8) above” there is substituted “this section”.
- (5) In subsection (10), for the words from the beginning to “In this subsection the expression “the value of the”, there is substituted “ In subsection (8)(c) above, the expression “the value of the permanent” ”.
- (6) In subsection (11)(a), for the words “subsection (8) above” there is substituted “ this section ”.
#### Determination of the Land Court as to croft boundaries
@@ -772,7 +772,7 @@
- (2) In section 38 (reorganisation schemes)—
- (a) in subsection (1), after the words “prepare a” there is inserted “provisional”;
- (a) in subsection (1), after the words “prepare a” there is inserted “ provisional ”;
- (b) after subsection (1) there is inserted—
@@ -794,9 +794,9 @@
- (d) in subsection (4)—
- (i) after the words “reorganisation scheme”, there is inserted “, or provisional draft or draft of such a scheme,”; and
- (ii) after the words “the scheme” there is inserted “ or, as the case may be, of the provisional draft or draft,”; and
- (i) after the words “reorganisation scheme”, there is inserted “ , or provisional draft or draft of such a scheme, ”; and
- (ii) after the words “the scheme” there is inserted “ or, as the case may be, of the provisional draft or draft, ”; and
- (e) for subsections (5) to (7), there is substituted—
@@ -813,8 +813,8 @@
> (a) prepare a reorganisation scheme in relation to the township; and
> (b) serve on each of the persons mentioned in subsection (10) below a copy of the scheme together with a notice—
> (i) naming a place within the locality in which the township is situated where a copy of any maps and plans prepared by the Commission under subsection (4) above in relation to the scheme may be inspected at all reasonable hours; and
> (ii) advising of the right of appeal to the Land Court under section 38A of this Act against the Commission’s decision to reorganise the township or the scheme and of the time limit within which an appeal may be made.
> (9) For the purposes of section 38A of this Act, the Commission’s proceeding, under subsection (8)(a) above, to prepare a reorganisation scheme shall be taken to comprise their decision to reorganise the township.
> (ii) advising of the right of appeal to the Land Court under section 38A of this Act against the Commission's decision to reorganise the township or the scheme and of the time limit within which an appeal may be made.
> (9) For the purposes of section 38A of this Act, the Commission's proceeding, under subsection (8)(a) above, to prepare a reorganisation scheme shall be taken to comprise their decision to reorganise the township.
> (10) The persons referred to in subsections (1A), (5), (6)(b) and (8)(b) above and section 38A(3)(b) of this Act are—
> (a) each crofter who is the tenant of a croft situated in the township;
> (b) the landlord of each such croft;
@@ -833,7 +833,7 @@
> (38A)
> (1) Any crofter who is the tenant of a croft situated in the township in relation to which a reorganisation scheme is made or the landlord of any such croft or the owner of any common grazing associated with the township or the owner of any land included in the scheme by virtue of subsection (3)(a) of section 38 of this Act may, within 42 days after the Commission serve a copy of the reorganisation scheme on him under subsection (8)(b) of that section, appeal by way of stated case, on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court against—
> (a) the Commission’s decision to reorganise the township; or
> (a) the Commission's decision to reorganise the township; or
> (b) the scheme.
> (2) For the purposes of this section, the references in section 52A(3) to a “direction” and to “making” a direction are to be construed as including, respectively, references to a reorganisation scheme and to preparing such a scheme.
> (3) In an appeal under this section, the Court may—
@@ -841,7 +841,7 @@
> (b) confirm the decision and require the Commission to—
> (i) make, by a date specified by the Court, such modifications to the scheme as the Court directs; and
> (ii) serve a copy of the modified scheme on each of the persons mentioned in section 38(10) of this Act; or
> (c) revoke the Commission’s decision.
> (c) revoke the Commission's decision.
.
@@ -862,7 +862,7 @@
;
- (b) in subsection (3), for the words “shall, on a reorganisation scheme being confirmed by the Secretary of State,” there is substituted “may”;
- (b) in subsection (3), for the words “shall, on a reorganisation scheme being confirmed by the Secretary of State,” there is substituted “ may ”;
- (c) after subsection (5) there is inserted—
@@ -874,16 +874,11 @@
- (e) in subsection (8)—
- (i) for the words “Secretary of State shall, on confirming the scheme,” there is substituted “Commission shall”; and
- (ii) at the end of paragraph (b), there is inserted
> ,
> and shall send a copy of each notice served by them under this subsection to the Scottish Ministers
;
- (f) in subsection (10)(b), for the words “of the confirmation of the scheme is served on him under paragraph 7 of Schedule 4 to this Act” there is substituted “is served on him under subsection (6) above”.
- (i) for the words “Secretary of State shall, on confirming the scheme,” there is substituted “ Commission shall ”; and
- (ii) at the end of paragraph (b), there is inserted “ , and shall send a copy of each notice served by them under this subsection to the Scottish Ministers ” ;
- (f) in subsection (10)(b), for the words “of the confirmation of the scheme is served on him under paragraph 7 of Schedule 4 to this Act” there is substituted “ is served on him under subsection (6) above ”.
- (5) Schedule 4 (confirmation of schemes by Scottish Ministers etc.) is repealed.
@@ -891,7 +886,7 @@
##### 21
In section 3 of the 1993 Act (meaning of “croft” and “crofter”)—
In section 3 of the 1993 Act (meaning of “*croft*” and “*crofter*”)—
- (a) in subsection (1)—
@@ -905,7 +900,7 @@
;
- (ii) in paragraph (d), for the words “as aforesaid” there is substituted “in the crofting counties”; and
- (ii) in paragraph (d), for the words “as aforesaid” there is substituted “ in the crofting counties ”; and
- (iii) after paragraph (e) there is inserted—
@@ -920,7 +915,7 @@
- (b) after subsection (1) there is inserted—
> (1A) In paragraphs (f) and (g) of subsection (1) above, “the relevant commencement date” is the date on which section 21 of the Crofting Reform etc. Act [2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7) comes into force.
> (1A) In paragraphs (f) and (g) of subsection (1) above, “the relevant commencement date” is the date on which section 21 of the Crofting Reform etc. Act 2007 (asp 7) comes into force.
.
@@ -932,17 +927,17 @@
- (1) In section 20 of the 1993 Act (resumption of croft or part of croft by landlord)—
- (a) in subsection (1), after the word “interest” there is inserted “or the interests of the crofting community in the locality of the croft”;
- (a) in subsection (1), after the word “interest” there is inserted “ or the interests of the crofting community in the locality of the croft ”;
- (b) after that subsection there is inserted—
> (1A) A landlord making application under subsection (1) above must give notice of it to the Commission; and the Commission may, if they think fit, oppose or support the application.
> (1B) Without prejudice to the generality of subsection (1) above, resumption may be authorised under that subsection for a specified period of time (such resumption being in this Act referred to as “temporary resumption” and resumption other than for a specified period of time as “ordinary resumption”) and the land shall revert to being a croft (or to being part of a croft)—
> (1B) Without prejudice to the generality of subsection (1) above, resumption may be authorised under that subsection for a specified period of time (such resumption being in this Act referred to as “*temporary resumption*” and resumption other than for a specified period of time as “*ordinary resumption*”) and the land shall revert to being a croft (or to being part of a croft)—
> (a) on the date on which the period (or as the case may be the period as extended under subsection (1D) below) elapses; or
> (b) on such earlier date as the Land Court may specify in an order under section 21A(1) of this Act.
> (1C) Subject to subsection (1D) below, the Land Court may, on the application of the landlord, extend the period specified under subsection (1B) above.
> (1D) Where a planning permission granted for a limited period subsists for a change of the use of the land, being a change for which resumption was authorised, the Land Court must, on such application, extend the period so specified; but not to a date later than the end of the period specified in the condition under subsection (1)(b) of section 41 of the Town and Country Planning (Scotland) Act [1997 (c. 8)](https://www.legislation.gov.uk/ukpga/1997/8) to which the permission is subject.
> (1E) In subsection (1D) above, “planning permission granted for a limited period” shall be construed in accordance with subsection (3) of that section.
> (1D) Where a planning permission granted for a limited period subsists for a change of the use of the land, being a change for which resumption was authorised, the Land Court must, on such application, extend the period so specified; but not to a date later than the end of the period specified in the condition under subsection (1)(b) of section 41 of the Town and Country Planning (Scotland) Act 1997 (c. 8) to which the permission is subject.
> (1E) In subsection (1D) above, “*planning permission granted for a limited period*” shall be construed in accordance with subsection (3) of that section.
> (1F) The Land Court may, on the application of the landlord made before the expiry of the specified period of time referred to in subsection (1B) above, determine that a resumption authorised as a temporary resumption is to be taken to be an ordinary resumption; and where such a determination is made—
> (a) subsections (1B) to (1D) above and the exception to subsection (2)(b) of section 21A of this Act shall cease to be applicable as respects the resumption; and
> (b) the Land Court may determine (either or both)—
@@ -957,7 +952,7 @@
.
- (2) In section 21 of the 1993 Act (crofter’s right to share in value of land resumed by landlord)—
- (2) In section 21 of the 1993 Act (crofter's right to share in value of land resumed by landlord)—
- (a) after subsection (1) there is inserted—
@@ -967,7 +962,7 @@
; and
- (b) in subsection (6), after the word “payable” there is inserted “, or in the case of payment by instalments as from the date when the unpaid balance of such sum is payable,”.
- (b) in subsection (6), after the word “payable” there is inserted “ , or in the case of payment by instalments as from the date when the unpaid balance of such sum is payable, ”.
- (3) After section 21 of the 1993 Act, there is inserted—
@@ -980,10 +975,10 @@
> (d) no planning permission relating to a change of the use of the land subsists;
> (e) the land remains suitable for use by crofters for cultivation; and
> (f) the land is owned by the person who was authorised to resume the croft.
> (3) For the purposes of subsection (2)(e) above, “cultivate” has the same meaning as in Schedule 2 to this Act.
> (3) For the purposes of subsection (2)(e) above, “*cultivate*” has the same meaning as in Schedule 2 to this Act.
> (4) Where land reverts by virtue of subsection (1) above, the Land Court may make such order (if any) as it thinks fit as to the repayment, in whole or in part, of any sum awarded as compensation under section 20(1), or any share in value paid by virtue of section 21(1), of this Act.
> (5) Where land which reverts by virtue of subsection (1) above or under section 20(1B) of this Act comprises a common grazing, the Land Court may make such order as it thinks fit as to shares in the common grazing.
> (6) “Relevant person” in subsection (1) above means the Commission, the landlord, the person who surrendered the land or, where the land comprises a common grazing, the owner or the grazings committee.
> (6) “*Relevant person*”in subsection (1) above means the Commission, the landlord, the person who surrendered the land or, where the land comprises a common grazing, the owner or the grazings committee.
.
@@ -1010,7 +1005,7 @@
- (b) in section 25 (provisions supplementary to section 24(3))—
- (i) in subsection (1)(a), after the word “interest” there is inserted “or to the interests of the crofting community in the locality of the croft”;
- (i) in subsection (1)(a), after the word “interest” there is inserted “ or to the interests of the crofting community in the locality of the croft ”;
- (ii) in subsection (1), after paragraph (b) there is added
@@ -1019,9 +1014,9 @@
;
- (iii) in subsection (2), for the words “(1)(b)” there is substituted “(1)(b) or (c)”;
- (iv) in subsection (3), after the word “conditions” there is inserted “(which may include provision as to timescales)”;
- (iii) in subsection (2), for the words “(1)(b)” there is substituted “ (1)(b) or (c) ”;
- (iv) in subsection (3), after the word “conditions” there is inserted “ (which may include provision as to timescales) ”;
- (v) after subsection (3) there is inserted—
@@ -1029,7 +1024,7 @@
> (3B) The Commission may from time to time modify any conditions so imposed.
> (3C) No such further direction as is mentioned in subsection (3) above shall be made if—
> (a) more than 20 years have elapsed since the direction under section 24(3) of this Act;
> (b) the land, or any part of it, has, since the direction under that section, been conveyed to a person other than the former crofter or a member of the former crofter’s family; or
> (b) the land, or any part of it, has, since the direction under that section, been conveyed to a person other than the former crofter or a member of the former crofter's family; or
> (c) a debt is for the time being secured by way of a standard security over, or over any real right in, the land or any part of it.
;
@@ -1083,7 +1078,7 @@
> (a) that the proposed tenant lives, or intends to live, more than 16 kilometres distant from the croft;
> (b) that he already owns or is tenant of a croft;
> (c) that he lacks the knowledge, abilities and experience to cultivate the croft or as the case may be to put it to such other purposeful use as he intends;
> (d) that he is the grazings clerk, a member of the grazings committee, the owner of the common grazing or a member of the landlord’s family;
> (d) that he is the grazings clerk, a member of the grazings committee, the owner of the common grazing or a member of the landlord's family;
> (e) where the landlord is not a natural person, that the proposed tenant is a member or employee, or is a member of the family of a member or employee, of the body which constitutes the landlord; and
> (f) that there are reasonable grounds for concern over the use to which the proposed tenant intends to put the croft.
@@ -1091,12 +1086,12 @@
- (b) in subsection (5)—
- (i) at the beginning there is inserted “Subject to subsection (5A) below,”; and
- (i) at the beginning there is inserted “ Subject to subsection (5A) below, ”; and
- (ii) for the words from “the Commission refuse” to the end of the proviso there is substituted
> the Commission’s approval of them is not obtained, the Commission must proceed in accordance with subsections (5B) and (5C) below.
> (5A) Where the croft is declared vacant in pursuance of section 11(8) of this Act, if, within a period of four months from the giving of notice under that section, the proposals required by that notice to be submitted are not submitted or the Commission’s approval of them is not obtained, the Commission must proceed in accordance with subsections (5B) and (5C) below.
> the Commission's approval of them is not obtained, the Commission must proceed in accordance with subsections (5B) and (5C) below.
> (5A) Where the croft is declared vacant in pursuance of section 11(8) of this Act, if, within a period of four months from the giving of notice under that section, the proposals required by that notice to be submitted are not submitted or the Commission's approval of them is not obtained, the Commission must proceed in accordance with subsections (5B) and (5C) below.
> (5B) The Commission shall, by public notification, invite applications for tenancy of the croft within such period as shall be specified in the notification.
> (5C) When that period has elapsed, the Commission shall determine—
> (a) to which of the applicants (if any) to let the croft; and
@@ -1110,7 +1105,7 @@
In section 30 of the 1993 Act (compensation to crofter for improvements), after subsection (6) there is inserted—
> (6A) Subject to subsection (6B) below, in this Act “improvement” does not include anything erected or carried out wholly for—
> (6A) Subject to subsection (6B) below, in this Act “*improvement*” does not include anything erected or carried out wholly for—
> (a) putting a croft to such other purposeful use as is mentioned in paragraph 3(b) of Schedule 2 to this Act; or
> (b) using part of a common grazing for a purpose other than is mentioned in paragraph (a) or (b) of section 50B(1) of this Act.
> (6B) Subsection (6A) above does not apply if—
@@ -1129,13 +1124,13 @@
- (a) in subsection (1)—
- (i) for the word “interested” there is substituted “who holds a right”; and
- (ii) in paragraph (b), for the word “landlord” there is substituted “owner”;
- (i) for the word “interested” there is substituted “ who holds a right ”; and
- (ii) in paragraph (b), for the word “landlord” there is substituted “ owner ”;
- (b) in subsection (2)—
- (i) for the words “A landlord's” there is substituted “An owner's”;
- (i) for the words “A landlord's” there is substituted “ An owner's ”;
- (ii) after paragraph (b) there is inserted—
@@ -1143,9 +1138,9 @@
;
- (iii) in paragraph (c), for the word “landlord” there is substituted “owner”; and
- (iv) in paragraph (e), for the word “landlord's” there is substituted “owner's”;
- (iii) in paragraph (c), for the word “landlord” there is substituted “ owner ”; and
- (iv) in paragraph (e), for the word “landlord's” there is substituted “ owner's ”;
- (c) after subsection (2) there is inserted—
@@ -1168,7 +1163,7 @@
;
- (d) in subsection (3), for the words “A landlord's” there is substituted “An owner's”;
- (d) in subsection (3), for the words “A landlord's” there is substituted “ An owner's ”;
- (e) after subsection (3) there is inserted—
@@ -1178,8 +1173,8 @@
> (b) collecting trimmings, fallen timber, foliage, sap, flowers, fruit, seeds or nuts for use or sale;
> (c) grazing animals in the woodlands; and
> (d) selling timber, timber products and other forestry products,
> except that this subsection is without prejudice to any person’s access rights (within the meaning of Part 1 of the Land Reform (Scotland) Act [2003 (asp 2)](https://www.legislation.gov.uk/asp/2003/2)).
> (3C) Where the owner’s consent is, under subsection (2)(bb) above, subject to a condition that land be fenced, or otherwise enclosed, any expenditure incurred in complying with that condition (including expenditure incurred in that connection in maintenance, repair or renewal) shall be met—
> except that this subsection is without prejudice to any person's access rights (within the meaning of Part 1 of the Land Reform (Scotland) Act 2003 (asp 2)).
> (3C) Where the owner's consent is, under subsection (2)(bb) above, subject to a condition that land be fenced, or otherwise enclosed, any expenditure incurred in complying with that condition (including expenditure incurred in that connection in maintenance, repair or renewal) shall be met—
> (a) in a case where the applicant is the grazings committee, by that committee, and
> (b) in any other case, jointly and severally by the crofters sharing in the common grazing.
@@ -1187,7 +1182,7 @@
- (f) for subsection (4) there is substituted—
> (4) In this section, “owner’s consent” means the consent of the owner referred to in subsection (1)(b) above (or a deemed such consent);
> (4) In this section, “*owner's consent*” means the consent of the owner referred to in subsection (1)(b) above (or a deemed such consent);
; and
@@ -1209,7 +1204,7 @@
> (5) Any person who is for the time being bound by an agreement under subsection (2) above may appeal to the Land Court against a valuation carried out by virtue of paragraph (a), or the assessment of a share entitlement carried out by virtue of paragraph (b), of that subsection.
> (6) In an appeal under subsection (5) above, the Land Court may reassess the value or entitlement in question.
> (7) The valuer whose valuation is appealed against may be a witness in the appeal proceedings.
> (8) In subsection (2)(b) above “planned natural regeneration” means regeneration which takes place in accordance with—
> (8) In subsection (2)(b) above “*planned natural regeneration*” means regeneration which takes place in accordance with—
> (a) an agreement entered into under or by virtue of this Act or of any other enactment; or
> (b) the conditions of—
> (i) any grant for purposes which include such regeneration and which is paid out of the Scottish Consolidated Fund; or
@@ -1257,7 +1252,7 @@
> (12) Where the Commission give approval they are, if—
> (a) the owner so requests; and
> (b) they are satisfied that the circumstances are as mentioned in subsection (13) below,
> to impose under subsection (11) above a condition that the land is to be enclosed by means of a deer-proof barrier (as defined by section 45(1) of the Deer (Scotland) Act [1996 (c. 58)](https://www.legislation.gov.uk/ukpga/1996/58)).
> to impose under subsection (11) above a condition that the land is to be enclosed by means of a deer-proof barrier (as defined by section 45(1) of the Deer (Scotland) Act 1996 (c. 58)).
> (13) The circumstances are that—
> (a) implementation of the proposal is likely to result in the land to which the proposal relates becoming more attractive to deer; and
> (b) there are sufficient reasons for imposing the condition, being reasons relating to—
@@ -1329,13 +1324,13 @@
> (b) to make good, within such reasonable period as they shall specify, any damage which has directly resulted from the occurrence.
> (1D) Where—
> (a) a requirement imposed under subsection (1C) above is not complied with (and subsection (1E) below does not apply), the Commission—
> (i) may determine that all or part of the person’s share in the common grazing is suspended for such period as they shall specify; and
> (i) may determine that all or part of the person's share in the common grazing is suspended for such period as they shall specify; and
> (ii) if the non-compliance consists in a failure to make good damage within the period specified under subsection (1C)(b) above, may require it be made good within such further period as they may specify,
> (b) all requirements imposed under subsection (1C)(a) above and any requirement imposed under sub-paragraph (ii) of paragraph (a) above (whether or not as that sub-paragraph applies by virtue of subsection (1E)(a) below) are complied with, the Commission may end a suspension imposed under sub-paragraph (i) of that paragraph.
> (1E) Where, while all or part of the person’s share in the common grazing is suspended by virtue of subsection (1D)(a)(i) above, a requirement imposed under subsection (1C)(a) above is not complied with as regards so much of the share as is not suspended, or as the case may be a requirement imposed under subsection (1D)(a)(ii) above is not complied with, the Commission—
> (1E) Where, while all or part of the person's share in the common grazing is suspended by virtue of subsection (1D)(a)(i) above, a requirement imposed under subsection (1C)(a) above is not complied with as regards so much of the share as is not suspended, or as the case may be a requirement imposed under subsection (1D)(a)(ii) above is not complied with, the Commission—
> (a) may (but on one occasion only) extend either or both periods mentioned in subsection (1D)(a) above; or
> (b) may—
> (i) determine that all or part of the person’s share is terminated; and
> (i) determine that all or part of the person's share is terminated; and
> (ii) apportion the share or part to other persons sharing in the common grazing.
> (1F) Reference in this section to a share in the common grazing includes reference to any rights and privileges pertaining to that share.
@@ -1347,7 +1342,7 @@
- (1) Section 52 of the 1993 Act is amended as follows.
- (2) In subsection (4), for the words “interested, after consultation with the grazings committee, apportion a part of a” there is substituted “who holds a right in a common grazing, and after consultation with the grazings committee, apportion a part of the”.
- (2) In subsection (4), for the words “interested, after consultation with the grazings committee, apportion a part of a” there is substituted “ who holds a right in a common grazing, and after consultation with the grazings committee, apportion a part of the ”.
- (3) At the end there is added—
@@ -1446,7 +1441,7 @@
##### 31
- (1) The Land Reform (Scotland) Act [2003 (asp 2)](https://www.legislation.gov.uk/asp/2003/2) is amended as follows.
- (1) The Land Reform (Scotland) Act 2003 (asp 2) is amended as follows.
- (2) After section 69 there is inserted—
@@ -1454,18 +1449,18 @@
> (1) This section applies where a tenancy which is neither—
> (a) a croft tenancy; nor
> (b) the tenancy of a dwelling-house,
> has been created over land at least part of which is eligible croft land (the land over which the tenancy has been created being in this section referred to as the “tenanted land”).
> has been created over land at least part of which is eligible croft land (the land over which the tenancy has been created being in this section referred to as the “*tenanted land*”).
> (2) Where this section applies, a crofting community body may apply, under section 73 below, to buy the interest mentioned in subsection (3) below—
> (a) where—
> (i) it is simultaneously applying; or
> (ii) it has made an application in respect of which Ministers have not made a decision,
> to buy eligible croft land any part of which is part of the tenanted land (any such eligible croft land being in this section referred to as the “principal subjects”); or
> to buy eligible croft land any part of which is part of the tenanted land (any such eligible croft land being in this section referred to as the “*principal subjects*”); or
> (b) if the conditions set out in subsection (4) below are met, during the relevant period.
> (3) The interest is the interest of the tenant over so much of the tenanted land as is comprised within the principal subjects.
> (4) The conditions are that the crofting community body—
> (a) has provided confirmation under section 85(1) below of its intention to proceed to buy the principal subjects; or
> (b) has bought and retained those subjects in accordance with the provisions of this Part of this Act.
> (5) In subsection (2) above, “relevant period” means the period beginning with the date on which Ministers consented to the application under section 73 to buy the principal subjects and ending—
> (5) In subsection (2) above, “*relevant period*” means the period beginning with the date on which Ministers consented to the application under section 73 to buy the principal subjects and ending—
> (a) where the crofting community body does not proceed to exercise its right to buy those subjects, on the date on which it withdraws, under section 85(2) below, its confirmation so to proceed; or
> (b) where the crofting community body has bought and retained those subjects, five years after the date on which the crofting community body bought those subjects.
@@ -1507,7 +1502,7 @@
> (d) the terms and conditions applicable to any loan;
> (e) arrangements for recording documents in connection with a loan in the Register of Crofts, the Land Register of Scotland or the Register of Sasines;
> (f) arrangements for recovery of any loan (whether or not in its entirety) when the borrower dies;
> (g) arrangements for assignation of the borrower’s liabilities in consequence of the borrower dying or no longer occupying the holding in respect of which the loan was provided.
> (g) arrangements for assignation of the borrower's liabilities in consequence of the borrower dying or no longer occupying the holding in respect of which the loan was provided.
.
@@ -1541,7 +1536,7 @@
> (b) a variation, withdrawal, imposition or revocation under section 50B(11),
> of this Act.
> (6) Subsections (1), (2) and (4) above do not apply where an appeal lies under section 10(4B), 25(8) or 38A of this Act.
> (7) In subsections (1) to (4) above, “decision” does not include a decision under section 58A of this Act as to whether or not to intervene and “determination” does not include any determination by the Commission that an objection under subsection (4) of that section is frivolous, vexatious or unreasonable.
> (7) In subsections (1) to (4) above, “*decision*” does not include a decision under section 58A of this Act as to whether or not to intervene and “*determination*” does not include any determination by the Commission that an objection under subsection (4) of that section is frivolous, vexatious or unreasonable.
.
@@ -1562,7 +1557,7 @@
; and
- (c) in subsection (2), for the words “this Act” there is substituted “subsection (1) above”.
- (c) in subsection (2), for the words “this Act” there is substituted “ subsection (1) above ”.
- (3) In Schedule 1 to the 1993 Act (provisions as to the Crofters Commission), at the end there is added—
@@ -1575,7 +1570,7 @@
##### 34
- (1) Schedule 1 to the Scottish Land Court Act [1993 (c. 45)](https://www.legislation.gov.uk/ukpga/1993/45) (incorporation etc. of the Scottish Land Court) is amended as follows.
- (1) Schedule 1 to the Scottish Land Court Act 1993 (c. 45) (incorporation etc. of the Scottish Land Court) is amended as follows.
- (2) In paragraph 5 (quorum), for the words “three members of the Land Court shall be a quorum” there is substituted
@@ -1587,7 +1582,7 @@
- (3) In paragraph 6 (delegation)—
- (a) in sub-paragraph (2), for the words from “shall” to the end there is substituted “, other than a delegation to one member where that member is the Chairman, shall be subject to review upon appeal by three or more members, or nominated former members, of the Land Court sitting together; and one of the members so sitting shall be the Chairman.”; and
- (a) in sub-paragraph (2), for the words from “shall” to the end there is substituted “ , other than a delegation to one member where that member is the Chairman, shall be subject to review upon appeal by three or more members, or nominated former members, of the Land Court sitting together; and one of the members so sitting shall be the Chairman. ”; and
- (b) sub-paragraph (3) is repealed.
@@ -1616,11 +1611,11 @@
- (7) In paragraph 12—
- (a) after the word “may” there is inserted “, by order made by statutory instrument”, and
- (b) in paragraph (a), for the words “they think” there is substituted “it thinks”.
- (8) In paragraph 18 (payments to persons appointed etc.), for the words “or employed under paragraph 7” there is substituted “, employed or as the case may be nominated under paragraph 7, 7A”.
- (a) after the word “may” there is inserted “ , by order made by statutory instrument ”, and
- (b) in paragraph (a), for the words “they think” there is substituted “ it thinks ”.
- (8) In paragraph 18 (payments to persons appointed etc.), for the words “or employed under paragraph 7” there is substituted “ , employed or as the case may be nominated under paragraph 7, 7A ”.
#### Public notification
@@ -1651,15 +1646,15 @@
> the individual in question's—
> (a) spouse or civil partner (or cohabitant provided that the individual has no spouse or civil partner and that the cohabitation has included cohabitation for at least two years in a dwelling-house on or pertaining to the croft);
> (b) sibling;
> (c) sibling’s spouse or civil partner;
> (d) spouse’s or civil partner’s sibling;
> (c) sibling's spouse or civil partner;
> (d) spouse's or civil partner's sibling;
> (e) father;
> (f) mother;
> (g) son;
> (h) daughter;
> (i) son’s or daughter’s spouse or civil partner;
> (i) son's or daughter's spouse or civil partner;
> (j) grandchild;
> (k) grandchild’s spouse or civil partner;
> (k) grandchild's spouse or civil partner;
> (l) aunt;
> (m) uncle;
> (n) nephew; or
@@ -1669,13 +1664,13 @@
- (b) after that subsection there is added—
> (3) In subsection (2)(a) above, and in the definition of “son” or “daughter” in subsection (4) below, the reference to an individual’s cohabitant is to a person, whether or not of the same sex as the individual, who lives with the individual as if—
> (3) In subsection (2)(a) above, and in the definition of “son” or “daughter” in subsection (4) below, the reference to an individual's cohabitant is to a person, whether or not of the same sex as the individual, who lives with the individual as if—
> (a) in a married relationship; or
> (b) in civil partnership.
> (4) In subsection (2) above—
> - “sibling” includes a sibling by virtue only of adoption, marriage or civil partnership and a sibling of the half blood;
> - “son”, “daughter” or “grandchild” includes a person so related by virtue only of adoption, marriage or civil partnership; and
> - “son” or “daughter” includes a son, or as the case may be a daughter, of the individual’s cohabitant provided that such son or daughter resides with the individual and that such residence has included residence for at least two years in a dwelling-house on or pertaining to the croft.
> - “*sibling*” includes a sibling by virtue only of adoption, marriage or civil partnership and a sibling of the half blood;
> - “son”, “daughter” or “*grandchild*” includes a person so related by virtue only of adoption, marriage or civil partnership; and
> - “son” or “*daughter*” includes a son, or as the case may be a daughter, of the individual's cohabitant provided that such son or daughter resides with the individual and that such residence has included residence for at least two years in a dwelling-house on or pertaining to the croft.
.
@@ -1685,7 +1680,7 @@
In section 61(1) of the 1993 Act (interpretation), at the appropriate place there is inserted—
> “crofting community” means all the persons who (either or both)—
> “*crofting community*” means all the persons who (either or both)—
> (a) occupy crofts within a township which consists of two or more crofts registered with the Crofters Commission;
> (b) hold shares in a common grazing associated with that township;
@@ -1695,7 +1690,7 @@
##### 38
In this Act “the 1993 Act” means the Crofters (Scotland) Act [1993 (c. 44)](https://www.legislation.gov.uk/ukpga/1993/44).
In this Act “*the 1993 Act*” means the Crofters (Scotland) Act 1993 (c. 44).
### Miscellaneous
@@ -1711,7 +1706,7 @@
- (1) Nothing in this Act affects an application made, a loan provided, or proceedings commenced, before this section comes into force.
- (2) Nothing in this Act affects any provision of the 1993 Act amended or repealed by this Act in that provision’s operation in relation to an offence committed before the amendment is made or, as the case may be, the provision is repealed.
- (2) Nothing in this Act affects any provision of the 1993 Act amended or repealed by this Act in that provision's operation in relation to an offence committed before the amendment is made or, as the case may be, the provision is repealed.
#### Transitional provision etc.
@@ -1755,7 +1750,7 @@
##### 1
In section 1(4) of the Crofters Holdings (Scotland) Act 1886 (crofter not to be removed except for breach of statutory conditions), for the words “subdivide his holding or sublet the same” there is substituted “sublet his holding”.
In section 1(4) of the Crofters Holdings (Scotland) Act 1886 (crofter not to be removed except for breach of statutory conditions), for the words “subdivide his holding or sublet the same” there is substituted “ sublet his holding ”.
#### Crofters (Scotland) Act 1993 (c. 44)
@@ -1763,7 +1758,7 @@
- (1) The 1993 Act is amended in accordance with this paragraph.
- (2) In section 1(4) (constitution and general functions of the Crofters Commission), for the word “chairman” there is substituted “convener”.
- (2) In section 1(4) (constitution and general functions of the Crofters Commission), for the word “chairman” there is substituted “ convener ”.
- (3) In section 4 (enlargement where owner and crofter are in agreement), after subsection (2) there is inserted—
@@ -1775,11 +1770,11 @@
- (a) in subsection (3)—
- (i) after the words “landlord for the croft” there is inserted “or for any part of the croft”;
- (ii) in paragraph (a) of the proviso, after the word “croft” there is inserted “or for any part of the croft”; and
- (iii) in paragraph (b) of the proviso, after the word “rent” there is inserted “for it or for any part of it”;
- (i) after the words “landlord for the croft” there is inserted “ or for any part of the croft ”;
- (ii) in paragraph (a) of the proviso, after the word “croft” there is inserted “ or for any part of the croft ”; and
- (iii) in paragraph (b) of the proviso, after the word “rent” there is inserted “ for it or for any part of it ”;
- (b) after subsection (3) there is inserted—
@@ -1787,7 +1782,7 @@
; and
- (c) in subsection (4), after the words “a croft” there is inserted “or for any part of a croft”.
- (c) in subsection (4), after the words “a croft” there is inserted “ or for any part of a croft ”.
- (5) In section 13 (authorisation by Land Court of acquisition of croft land), at the end there is added—
@@ -1798,9 +1793,9 @@
.
- (6) In section 24(1) (decrofting in case of resumption of croft), at the end there is added “and to sections 3A and 21A of this Act”.
- (7) In section 25(6) (decrofting: supplementary provision), after the words “pertaining to the croft” there is inserted “or only of land the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act”.
- (6) In section 24(1) (decrofting in case of resumption of croft), at the end there is added “ “and to sections 3A and 21A of this Act ”.
- (7) In section 25(6) (decrofting: supplementary provision), after the words “pertaining to the croft” there is inserted “ or only of land the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act ”.
- (8) In section 26 (provisions as to removal of crofter)—
@@ -1813,11 +1808,11 @@
; and
- (b) in subsection (3), after the words “his croft” there is inserted “(whether by virtue of this section or by virtue of section 5A or 5B of this Act)”.
- (b) in subsection (3), after the words “his croft” there is inserted “ (whether by virtue of this section or by virtue of section 5A or 5B of this Act) ”.
- (9) In section 41 (Register of Crofts)—
- (a) in subsection (1), for the words from “a” to “Crofts”)” there is substituted “the register known as the Register of Crofts”; and
- (a) in subsection (1), for the words from “a” to “Crofts”)” there is substituted “ the register known as the Register of Crofts ”; and
- (b) after subsection (2), there is inserted—
@@ -1829,13 +1824,13 @@
- (a) in subsection (1)—
- (i) for the words “aiding and developing agricultural production on” there is substituted “supporting any reasonable use which promotes the sustainable development of”; and
- (i) for the words “aiding and developing agricultural production on” there is substituted “ supporting any reasonable use which promotes the sustainable development of ”; and
- (ii) the words “and with the approval of the Treasury” and “and loans” are repealed;
- (b) after that subsection there is inserted—
> (1A) Such schemes shall specify criteria for determining who shall be eligible for grants payable under those schemes (as for example, the occupier’s income, or the rental or agricultural value or extent of his croft); and different schemes may specify different criteria.
> (1A) Such schemes shall specify criteria for determining who shall be eligible for grants payable under those schemes (as for example, the occupier's income, or the rental or agricultural value or extent of his croft); and different schemes may specify different criteria.
;
@@ -1843,13 +1838,13 @@
- (i) in paragraph (a), the words “and loans” are repealed;
- (ii) in paragraph (b), for the words “Secretary of State” there is substituted “Scottish Ministers, or the Commission on behalf of the Ministers,” and the words “or loan” are repealed; and
- (ii) in paragraph (b), for the words “Secretary of State” there is substituted “ Scottish Ministers, or the Commission on behalf of the Ministers, ” and the words “or loan” are repealed; and
- (iii) in paragraph (c), the words “or loan” are repealed in both places where they occur;
- (d) in subsection (4)—
- (i) at the beginning there is inserted “Without prejudice to subsection (1) above,”; and
- (i) at the beginning there is inserted “ “Without prejudice to subsection (1) above, ”; and
- (ii) the words “with the approval of the Treasury” and “or loans or by the supply for payment in cash of building or other materials” are repealed;
@@ -1857,19 +1852,19 @@
- (f) in subsection (6)—
- (i) in paragraph (b), for the words “Secretary of State” there is substituted “Scottish Ministers, or the Commission on behalf of the Ministers,”;
- (ii) in paragraph (c), for the words “Secretary of State” there is substituted “Scottish Ministers, or to the Commission on behalf of the Ministers,”; and
- (i) in paragraph (b), for the words “Secretary of State” there is substituted “ Scottish Ministers, or the Commission on behalf of the Ministers, ”;
- (ii) in paragraph (c), for the words “Secretary of State” there is substituted “ Scottish Ministers, or to the Commission on behalf of the Ministers, ”; and
- (iii) in paragraph (d), the words “to the Secretary of State” are repealed;
- (g) in subsection (8), for the words from “assistance by” to “supplies” there is substituted “grant under subsection (1) above, nor assistance under subsection (4) above, shall be given towards carrying out any works”;
- (h) in subsection (9), after the word “receiving” there is inserted “a grant under subsection (1) above nor”;
- (g) in subsection (8), for the words from “assistance by” to “supplies” there is substituted “ grant under subsection (1) above, nor assistance under subsection (4) above, shall be given towards carrying out any works ”;
- (h) in subsection (9), after the word “receiving” there is inserted “ a grant under subsection (1) above nor ”;
- (i) after that subsection, there is inserted—
> (9A) Any scheme under subsection (1) above or arrangements under subsection (4) above may provide that a person’s economic status is a criterion for eligibility for grants payable under that scheme or those arrangements.
> (9A) Any scheme under subsection (1) above or arrangements under subsection (4) above may provide that a person's economic status is a criterion for eligibility for grants payable under that scheme or those arrangements.
; and
@@ -1877,9 +1872,9 @@
- (i) the words “or loan” are repealed; and
- (ii) after the words “or under”, there is inserted “arrangements made under”.
- (11) In section 44 (cottars), for the words from “loan” to “materials” there is substituted “grant”.
- (ii) after the words “or under”, there is inserted “ arrangements made under ”.
- (11) In section 44 (cottars), for the words from “loan” to “materials” there is substituted “ grant ”.
- (12) In section 45 (former crofters and cottars who have acquired site of the dwelling-house)—
@@ -1889,29 +1884,29 @@
- (13) In section 46 (financial assistance to owners and owner-occupiers of crofts and other holdings)—
- (a) in subsection (1), for the words from “loan” to “materials” there is substituted “grant”;
- (b) in subsection (2)(c), for the words “is of substantially the same economic status as a crofter” there is substituted “uses his holding in a way which is substantially the same as that of a crofter”;
- (a) in subsection (1), for the words from “loan” to “materials” there is substituted “ grant ”;
- (b) in subsection (2)(c), for the words “is of substantially the same economic status as a crofter” there is substituted “ uses his holding in a way which is substantially the same as that of a crofter ”;
- (c) subsection (3) is repealed;
- (d) in subsection (4)—
- (i) in paragraph (a), for the words “are of substantially the same economic status as a crofter” there is substituted “use their crofts in a way which is substantially the same as that of a crofter”; and
- (ii) in each of paragraphs (b) and (c), for the words “are of substantially the same economic status as a crofter” there is substituted “use their holdings in a way which is substantially the same as that of a crofter”; and
- (i) in paragraph (a), for the words “are of substantially the same economic status as a crofter” there is substituted “ use their crofts in a way which is substantially the same as that of a crofter ”; and
- (ii) in each of paragraphs (b) and (c), for the words “are of substantially the same economic status as a crofter” there is substituted “ use their holdings in a way which is substantially the same as that of a crofter ”; and
- (e) in subsection (5), the words “or loan” are repealed.
- (14) In section 47 (appointment etc. of grazings committee or grazings constable)—
- (a) in subsection (1), for the words “called in accordance with subsection (2) below” there is substituted “of which public notification has been given”;
- (a) in subsection (1), for the words “called in accordance with subsection (2) below” there is substituted “ of which public notification has been given ”;
- (b) subsection (2) is repealed;
- (c) after subsection (6) there is inserted—
> (6A) A person so appointed (or appointed under subsection (8) below to be the clerk of the committee) is in this Act referred to as the “grazings clerk”.
> (6A) A person so appointed (or appointed under subsection (8) below to be the clerk of the committee) is in this Act referred to as the “*grazings clerk*”.
;
@@ -1919,19 +1914,19 @@
- (i) the words “or the clerk” are repealed;
- (ii) after the word “them” there is inserted “(or that the grazings clerk is not properly carrying out the duties imposed on him)”; and
- (ii) after the word “them” there is inserted “ (or that the grazings clerk is not properly carrying out the duties imposed on him) ”; and
- (e) in subsection (9)—
- (i) for the words “clerk appointed under subsection (6) or (8) above” there is substituted “grazings clerk”; and
- (ii) for the word “grazings”, in the final place where it occurs, there is substituted “grazing”.
- (i) for the words “clerk appointed under subsection (6) or (8) above” there is substituted “ grazings clerk ”; and
- (ii) for the word “grazings”, in the final place where it occurs, there is substituted “ grazing ”.
- (15) In section 48 (powers and duties of grazings committees)—
- (a) in subsection (1)—
- (i) in paragraph (a), for the word “grazings” there is substituted “grazing” and for the word “therewith” there is substituted “with such maintenance and with the implementation of any proposal approved under section 50B(11) of this Act”;
- (i) in paragraph (a), for the word “grazings” there is substituted “ grazing ” and for the word “therewith” there is substituted “ with such maintenance and with the implementation of any proposal approved under section 50B(11) of this Act ”;
- (ii) after paragraph (b) there is inserted—
@@ -1939,15 +1934,15 @@
;
- (iii) in paragraph (c), for “grazings”, in the second place it occurs, there is substituted “grazing”; and
- (iv) in the proviso to paragraph (c), for “grazings”, in the second place it occurs, there is substituted “grazing”;
- (iii) in paragraph (c), for “grazings”, in the second place it occurs, there is substituted “ grazing ”; and
- (iv) in the proviso to paragraph (c), for “grazings”, in the second place it occurs, there is substituted “ grazing ”;
- (b) in subsection (2)—
- (i) for the word “grazings”, in the second place it occurs, there is substituted “grazing”; and
- (ii) after the words “(1)(b)” there is inserted “or (bb)”;
- (i) for the word “grazings”, in the second place it occurs, there is substituted “ grazing ”; and
- (ii) after the words “(1)(b)” there is inserted “ or (bb) ”;
- (c) after subsection (4) there is inserted—
@@ -1955,7 +1950,7 @@
;
- (d) in subsection (5), for the word “interested” there is substituted “who holds a right”; and
- (d) in subsection (5), for the word “interested” there is substituted “ who holds a right ”; and
- (e) after subsection (6) there is inserted—
@@ -1967,13 +1962,13 @@
- (a) in subsection (2)—
- (i) in paragraph (a), for the word “grazings”, in the second and third places it occurs, there is substituted “grazing” and for the word “therewith” there is substituted “with such maintenance or with the implementation of any proposal approved under section 50B(11) of this Act”;
- (ii) in paragraph (b), after the words “(1)(b)” there is inserted “or (bb)”;
- (iii) in paragraph (c), for the words “and (b) respectively” there is substituted “to (bb)”; and
- (iv) in each of paragraphs (d) and (e), for the word “grazings” there is substituted “grazing”;
- (i) in paragraph (a), for the word “grazings”, in the second and third places it occurs, there is substituted “ grazing ” and for the word “therewith” there is substituted “ with such maintenance or with the implementation of any proposal approved under section 50B(11) of this Act ”;
- (ii) in paragraph (b), after the words “(1)(b)” there is inserted “ or (bb) ”;
- (iii) in paragraph (c), for the words “and (b) respectively” there is substituted “ to (bb) ”; and
- (iv) in each of paragraphs (d) and (e), for the word “grazings” there is substituted “ grazing ”;
- (b) in subsection (3)—
@@ -1981,39 +1976,39 @@
- (ii) in paragraph (b), for the word “grazings”, in both places it occurs,
there is substituted “grazing”; and
there is substituted “ grazing ”; and
- (c) in subsection (7)—
- (i) for the word “landlord”, in both places it occurs, there is substituted “owner”; and
- (ii) for the word “grazings”, in the first place it occurs, there is substituted “grazing”.
- (17) In section 52(2) (application for consent for exclusion of stock from croft in certain circumstances), for the word “grazings”, in the second, third and fourth places it occurs, there is substituted “grazing”.
- (i) for the word “landlord”, in both places it occurs, there is substituted “ owner ”; and
- (ii) for the word “grazings”, in the first place it occurs, there is substituted “ grazing ”.
- (17) In section 52(2) (application for consent for exclusion of stock from croft in certain circumstances), for the word “grazings”, in the second, third and fourth places it occurs, there is substituted “ grazing ”.
- (18) In section 55 (service of notices), after subsection (1) there is inserted—
> (1A) A notice or other document is sent by post under this section if—
> (a) in the case of an individual, it is sent by registered post or the recorded delivery service, addressed to that person at that person’s usual or last known address or, where the person has given an address for service, at the address so given;
> (b) in any other case, by sending it by registered post or the recorded delivery service, addressed to that person at the person’s registered or principal office.
> (a) in the case of an individual, it is sent by registered post or the recorded delivery service, addressed to that person at that person's usual or last known address or, where the person has given an address for service, at the address so given;
> (b) in any other case, by sending it by registered post or the recorded delivery service, addressed to that person at the person's registered or principal office.
.
- (19) In section 61(1) (interpretation) at the appropriate places there are added—
> “enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;
> “public notification” has the meaning given by section 55A of this Act;
;
> “woodlands” includes woodlands created by planned natural regeneration (as defined by section 50A(8) of this Act)
.
- (20) In Schedule 1 (provisions as to the Crofters Commission), in paragraph 8, for the words “acting as chairman of” there is substituted “chairing”.
- (21) In Part 1 of Schedule 7 (repeals), in the table, in the entry relating to the Crofters (Scotland) Act 1886, after the word “Crofters” there is inserted “Holdings”.
> “*enactment*” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;
> “*public notification*” has the meaning given by section 55A of this Act;
;
> “*woodlands*” includes woodlands created by planned natural regeneration (as defined by section 50A(8) of this Act)
.
- (20) In Schedule 1 (provisions as to the Crofters Commission), in paragraph 8, for the words “acting as chairman of” there is substituted “ chairing ”.
- (21) In Part 1 of Schedule 7 (repeals), in the table, in the entry relating to the Crofters (Scotland) Act 1886, after the word “Crofters” there is inserted “ Holdings ”.
- (22) That Schedule is to be deemed always to have had effect subject to the amendment specified in sub-paragraph (21).
@@ -2021,7 +2016,7 @@
##### 3
In section 1(6) of the Scottish Land Court Act 1993 (jurisdiction of the Court), for the words “the Agricultural Holdings (Scotland) Act [2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11)” there is substituted “or by virtue of an Act of the Scottish Parliament”.
In section 1(6) of the Scottish Land Court Act 1993 (jurisdiction of the Court), for the words “the Agricultural Holdings (Scotland) Act 2003 (asp 11)” there is substituted “ or by virtue of an Act of the Scottish Parliament ”.
#### Deer (Scotland) Act 1996 (c. 58)
@@ -2029,9 +2024,9 @@
In section 26 of the Deer (Scotland) Act 1996 (right of occupier in respect of deer causing serious damage to crops etc.)—
- (a) in subsection (2), at the end there is added “and in relation to enclosed land (other than moorland) which is part of a common grazing, the subsection also applies to a person who for the purposes of the subsection is both duly authorised in writing by the grazings committee (provided the grazings committee have such reasonable ground as is mentioned in that subsection) and approved as is mentioned in paragraph (d) above”; and
- (b) in subsection (4), in each of paragraphs (a) and (d), after the word “occupier” there is inserted “, or as the case may be the committee,”.
- (a) in subsection (2), at the end there is added “ and in relation to enclosed land (other than moorland) which is part of a common grazing, the subsection also applies to a person who for the purposes of the subsection is both duly authorised in writing by the grazings committee (provided the grazings committee have such reasonable ground as is mentioned in that subsection) and approved as is mentioned in paragraph (d) above ”; and
- (b) in subsection (4), in each of paragraphs (a) and (d), after the word “occupier” there is inserted “ , or as the case may be the committee, ”.
#### Land Reform (Scotland) Act 2003 (asp 2)
@@ -2049,13 +2044,13 @@
- (a) in subsection (3)—
- (i) after the word “interests” there is inserted “or more than one tenancy”; and
- (ii) after the words “such holding” there is inserted “or tenancy”;
- (b) in subsection (4), at the end there is added “and a “tenancy” is one where one person is entitled to the tenant’s interest or there is a common or joint entitlement to that interest”;
- (c) in subsection (5)(a), for the word “or” there is substituted “, the subjects of the lease or the”;
- (i) after the word “interests” there is inserted “ or more than one tenancy ”; and
- (ii) after the words “such holding” there is inserted “ or tenancy ”;
- (b) in subsection (4), at the end there is added “ and a “tenancy” is one where one person is entitled to the tenant's interest or there is a common or joint entitlement to that interest ”;
- (c) in subsection (5)(a), for the word “or” there is substituted “ , the subjects of the lease or the ”;
- (d) after subsection (5) there is inserted—
@@ -2085,37 +2080,37 @@
- (a) in subsection (1)—
- (i) after the words “buy land” there is inserted “, the interest of a tenant over land”;
- (ii) in paragraph (a), after the word “land” there is inserted “, tenant’s interest”; and
- (iii) in paragraph (b)(ii), at the end there is added “or within the land over which the tenant’s interest subsists”;
- (b) in subsection (3), after the word “land” there is inserted “, tenant’s interest”;
- (c) in subsection (4)(c), at the end there is added “or as the case may be within the land over which the tenant’s interest subsists”; and
- (i) after the words “buy land” there is inserted “ , the interest of a tenant over land ”;
- (ii) in paragraph (a), after the word “land” there is inserted “ , tenant's interest ”; and
- (iii) in paragraph (b)(ii), at the end there is added “ or within the land over which the tenant's interest subsists ”;
- (b) in subsection (3), after the word “land” there is inserted “ , tenant's interest ”;
- (c) in subsection (4)(c), at the end there is added “ or as the case may be within the land over which the tenant's interest subsists ”; and
- (d) in subsection (5)—
- (i) in paragraph (a), at the end there is added “or within the land over which the tenant’s interest subsists”; and
- (ii) at the end there is added “or within the land over which the tenant’s interest subsists”.
- (i) in paragraph (a), at the end there is added “ or within the land over which the tenant's interest subsists ”; and
- (ii) at the end there is added “ or within the land over which the tenant's interest subsists ”.
- (6) In section 76 (right to buy same croft exercisable by only one crofting community body)—
- (a) in subsection (1), after the word “land” there is inserted “, tenant’s interest”; and
- (a) in subsection (1), after the word “land” there is inserted “ , tenant's interest ”; and
- (b) in subsection (4)—
- (i) in paragraph (a), after the word “or” there is inserted “tenant’s interest which is, or the”; and
- (ii) in paragraph (b)(i), for the word “or” there is substituted “, the tenant or the”.
- (i) in paragraph (a), after the word “or” there is inserted “ tenant's interest which is, or the ”; and
- (ii) in paragraph (b)(i), for the word “or” there is substituted “ , the tenant or the ”.
- (7) In section 81 (reference to Land Court of questions on applications)—
- (a) in subsection (1), after paragraph (c) (but before the word “or” which immediately follows that paragraph) there is inserted—
> (ca) where the subject of the application is a tenant’s interest, any person who has an interest in the lease, being an interest giving rise to a right which is legally enforceable by that person;
> (ca) where the subject of the application is a tenant's interest, any person who has an interest in the lease, being an interest giving rise to a right which is legally enforceable by that person;
; and
@@ -2127,168 +2122,168 @@
- (8) In section 82 (notification of Ministers' decision on application)—
- (a) in subsection (1)(b), after the word “or” there is inserted “as the case may be the tenant whose interest is the subject of the application or the”; and
- (b) in subsection (2)(a), after the word “land” there is inserted “, tenant’s interest”.
- (a) in subsection (1)(b), after the word “or” there is inserted “ as the case may be the tenant whose interest is the subject of the application or the ”; and
- (b) in subsection (2)(a), after the word “land” there is inserted “ , tenant's interest ”.
- (9) In section 85 (confirmation of intention to proceed with purchase and withdrawal)—
- (a) in subsection (1)—
- (i) after the words “buy land” there is inserted “, the interest of a tenant over land”;
- (ii) after the words “buy the land” there is inserted “, tenant’s interest”; and
- (iii) after the words “of the land or” there is inserted “, as the case may be, the tenant or the”; and
- (b) in subsection (3), after the words “land or” there is inserted “, as the case may be, the tenant or the”.
- (i) after the words “buy land” there is inserted “ , the interest of a tenant over land ”;
- (ii) after the words “buy the land” there is inserted “ , tenant's interest ”; and
- (iii) after the words “of the land or” there is inserted “ , as the case may be, the tenant or the ”; and
- (b) in subsection (3), after the words “land or” there is inserted “ , as the case may be, the tenant or the ”.
- (10) In section 86 (completion of purchase)—
- (a) in subsection (1)—
- (i) in sub-paragraph (i) of paragraph (a), at the end (but before the word “and” which immediately follows that sub-paragraph) there is added “to it of the land or sporting interests or as the case may be the assignation to it of the tenant’s interest”;
- (ii) in sub-paragraph (i) of paragraph (b), at the end (but before the word “and” which immediately follows that sub-paragraph) there is added “or assigned”; and
- (iii) in sub-paragraph (ii) of paragraph (b), after the word “transfer” there is inserted “or assignation”;
- (b) in subsection (4), after the words “entitled to the” there is inserted “sporting”;
- (c) in subsection (c), after the words “entitled to the” there is inserted “sporting”; and
- (i) in sub-paragraph (i) of paragraph (a), at the end (but before the word “and” which immediately follows that sub-paragraph) there is added “ to it of the land or sporting interests or as the case may be the assignation to it of the tenant's interest ”;
- (ii) in sub-paragraph (i) of paragraph (b), at the end (but before the word “and” which immediately follows that sub-paragraph) there is added “ or assigned ”; and
- (iii) in sub-paragraph (ii) of paragraph (b), after the word “transfer” there is inserted “ or assignation ”;
- (b) in subsection (4), after the words “entitled to the” there is inserted “ sporting ”;
- (c) in subsection (c), after the words “entitled to the” there is inserted “ sporting ”; and
- (d) at the end there is added—
> (7) In relation to an application made by virtue of section 69A(2) above, the tenant is obliged to make available to the crofting community body such deeds and other documents as are sufficient to enable the body to complete its acquisition of the tenant’s interest and the tenant is obliged to effect the assignation of his interest accordingly.
> (7) In relation to an application made by virtue of section 69A(2) above, the tenant is obliged to make available to the crofting community body such deeds and other documents as are sufficient to enable the body to complete its acquisition of the tenant's interest and the tenant is obliged to effect the assignation of his interest accordingly.
> (8) If, within 6 weeks after the date on which Ministers consent to an application made by virtue of section 69A(2) above the tenant refuses or fails to make those deeds and other documents available, or they cannot be found, the Land Court may, on the application of the crofting community body, order the tenant or any other person appearing to the Court to have those deeds and documents to produce them.
> (9) If the tenant refuses or fails to effect the assignation of the tenant’s interest in accordance with subsection (7) above, the Land Court may, on the application of the crofting community body, authorise its principal clerk to adjust, execute and deliver such deeds or other documents as will complete the assignation to the like force and effect as if done by the tenant.
> (9) If the tenant refuses or fails to effect the assignation of the tenant's interest in accordance with subsection (7) above, the Land Court may, on the application of the crofting community body, authorise its principal clerk to adjust, execute and deliver such deeds or other documents as will complete the assignation to the like force and effect as if done by the tenant.
.
- (11) In section 87 (completion of transfer)—
- (a) in subsection (1), after the word “interests” there is inserted “or for the assignation of the tenant’s interest”;
- (b) in subsection (2), for the word “or” there is substituted “, the tenant’s interest or the sporting”;
- (a) in subsection (1), after the word “interests” there is inserted “ or for the assignation of the tenant's interest ”;
- (b) in subsection (2), for the word “or” there is substituted “ , the tenant's interest or the sporting ”;
- (c) in subsection (3)—
- (i) in paragraph (a), for the words “the owner or person entitled to the interests and the community body” there is substituted “the crofting community body and, as the case may be, the owner, the tenant or the person entitled to the sporting interests”;
- (ii) in paragraph (b), for the word “or” there is substituted “, the tenant’s right or the sporting”;
- (i) in paragraph (a), for the words “the owner or person entitled to the interests and the community body” there is substituted “ the crofting community body and, as the case may be, the owner, the tenant or the person entitled to the sporting interests ”;
- (ii) in paragraph (b), for the word “or” there is substituted “ , the tenant's right or the sporting ”;
- (d) in subsection (4)—
- (i) after the words “to the crofting community body” there is inserted “or as the case may be the tenant is not able to assign his interest to that body”; and
- (ii) after the word “granted” there is inserted “or assignation is effected”;
- (e) in subsection (5), for the word “or” there is substituted “, the tenant’s interest or the sporting”;
- (i) after the words “to the crofting community body” there is inserted “ or as the case may be the tenant is not able to assign his interest to that body ”; and
- (ii) after the word “granted” there is inserted “ or assignation is effected ”;
- (e) in subsection (5), for the word “or” there is substituted “ , the tenant's interest or the sporting ”;
- (f) in subsection (6), for the words “immediately before title is granted to the crofting community body in pursuance of this section shall, on the recording of that title” there is substituted
> or tenant’s interest immediately before—
> or tenant's interest immediately before—
> (a) title is granted to the crofting community body; or
> (b) the tenant’s interest is assigned to that body,
> (b) the tenant's interest is assigned to that body,
> in pursuance of this section shall, on the recording of that title or assignation
;
- (g) after subsection (7) there is inserted—
> (7A) Where such a security also burdens a tenant’s interest other than the tenant’s interest assigned to the crofting community body, the security shall not, by virtue of subsection (6) above, cease to burden that other interest.
> (7A) Where such a security also burdens a tenant's interest other than the tenant's interest assigned to the crofting community body, the security shall not, by virtue of subsection (6) above, cease to burden that other interest.
;
- (h) in subsection (8)—
- (i) after the word “owner” there is inserted “, or as the case may be to the tenant,”; and
- (ii) for the word “or” there is substituted “, tenant’s interest or sporting”; and
- (i) in subsection (9), at the end there is added “or as the case may be to the tenant as consideration for the interest of the tenant over the land”.
- (i) after the word “owner” there is inserted “ , or as the case may be to the tenant, ”; and
- (ii) for the word “or” there is substituted “ , tenant's interest or sporting ”; and
- (i) in subsection (9), at the end there is added “ or as the case may be to the tenant as consideration for the interest of the tenant over the land ”.
- (12) In section 88 (assessment of value of croft land etc.)—
- (a) in subsection (1)—
- (i) for the words “sporting interests of a kind which is similar to the land” there is substituted “interests of a kind which is similar to the land, tenant’s interest”; and
- (ii) after the words “value of the land” there is inserted “, tenant’s interest”;
- (i) for the words “sporting interests of a kind which is similar to the land” there is substituted “ interests of a kind which is similar to the land, tenant's interest ”; and
- (ii) after the words “value of the land” there is inserted “ , tenant's interest ”;
- (b) in subsection (4)—
- (i) after the words “of land” there is inserted “, the interest of a tenant over land”;
- (ii) in paragraph (a), for the words “or person entitled to the interests or of the crofting community body which is exercising its right to buy the land or” there is substituted “, of the tenant, of the person entitled to the sporting interests or of the crofting community body which is exercising its right to buy the land, tenant’s interest or sporting”;
- (i) after the words “of land” there is inserted “ , the interest of a tenant over land ”;
- (ii) in paragraph (a), for the words “or person entitled to the interests or of the crofting community body which is exercising its right to buy the land or” there is substituted “ , of the tenant, of the person entitled to the sporting interests or of the crofting community body which is exercising its right to buy the land, tenant's interest or sporting ”;
- (c) in subsection (5)—
- (i) for the word “or”, where it first occurs, there is substituted “, tenant’s interest or sporting”; and
- (ii) after the word “land”, where it occurs for the second time, there is inserted “, interest”;
- (i) for the word “or”, where it first occurs, there is substituted “ , tenant's interest or sporting ”; and
- (ii) after the word “land”, where it occurs for the second time, there is inserted “ , interest ”;
- (d) in subsection (6)—
- (i) for the word “or”, where it first occurs, there is substituted “, a tenant’s interest or sporting”;
- (ii) in paragraph (b), for the words “or interests, including” there is substituted “, a tenant’s interest or sporting interests, including (in the case of land or sporting interests)”; and
- (iii) in paragraph (c), for the word “or” there is substituted “, tenant’s interest or sporting”;
- (e) in subsection (7), for the word “or”, in each place it occurs, there is substituted “, a tenant’s interest or sporting”;
- (i) for the word “or”, where it first occurs, there is substituted “ , a tenant's interest or sporting ”;
- (ii) in paragraph (b), for the words “or interests, including” there is substituted “ , a tenant's interest or sporting interests, including (in the case of land or sporting interests) ”; and
- (iii) in paragraph (c), for the word “or” there is substituted “ , tenant's interest or sporting ”;
- (e) in subsection (7), for the word “or”, in each place it occurs, there is substituted “ , a tenant's interest or sporting ”;
- (f) in subsection (9)—
- (i) for the words “person entitled to the” there is substituted “as the case may be the tenant, or the person entitled to the sporting”;
- (ii) for the word “or”, where it occurs for the second time, there is substituted “, tenant’s interest or sporting”; and
- (iii) after the word “land”, where it occurs for the third time, there is inserted “, interest”;
- (i) for the words “person entitled to the” there is substituted “ as the case may be the tenant, or the person entitled to the sporting ”;
- (ii) for the word “or”, where it occurs for the second time, there is substituted “ , tenant's interest or sporting ”; and
- (iii) after the word “land”, where it occurs for the third time, there is inserted “ , interest ”;
- (g) in subsection (10)—
- (i) for the words “person entitled to the” there is substituted “as the case may be the tenant, or the person entitled to the sporting”;
- (ii) for the word “or”, where it occurs for the second time, there is substituted “the tenant’s interest or the sporting”; and
- (i) for the words “person entitled to the” there is substituted “ as the case may be the tenant, or the person entitled to the sporting ”;
- (ii) for the word “or”, where it occurs for the second time, there is substituted “ the tenant's interest or the sporting ”; and
- (h) for subsection (12) there is substituted—
> (12) The valuer shall, within the period set out in subsection (13) below, notify Ministers, the crofting community body and as the case may be the owner of the land, the tenant or the person entitled to the sporting interests, of the assessed value of the land, tenant’s interest or sporting interests; and if there is a determination under section 88A(1) below shall within that period notify the crofting community body and the tenant of the determination.
> (12) The valuer shall, within the period set out in subsection (13) below, notify Ministers, the crofting community body and as the case may be the owner of the land, the tenant or the person entitled to the sporting interests, of the assessed value of the land, tenant's interest or sporting interests; and if there is a determination under section 88A(1) below shall within that period notify the crofting community body and the tenant of the determination.
.
- (13) In section 89 (compensation)—
- (a) in subsection (1), after the words “sporting interests” there is inserted “(and in the case of an application made by virtue of section 69A(2) above a tenant)”; and
- (b) in subsection (3), for the words “or person entitled to the” there is substituted “, the tenant or the person entitled to the sporting”.
- (14) In section 90(2)(a) (grants towards crofting community bodies' liabilities to pay compensation), after the word “land” there is inserted “, the interest of a tenant over land”.
- (a) in subsection (1), after the words “sporting interests” there is inserted “ (and in the case of an application made by virtue of section 69A(2) above a tenant) ”; and
- (b) in subsection (3), for the words “or person entitled to the” there is substituted “ , the tenant or the person entitled to the sporting ”.
- (14) In section 90(2)(a) (grants towards crofting community bodies' liabilities to pay compensation), after the word “land” there is inserted “ , the interest of a tenant over land ”.
- (15) In section 91 (appeals)—
- (a) in subsection (1), after the word “relates” there is inserted “(and in the case of an application made by virtue of section 69A(2) above the tenant)”;
- (b) in subsection (2)(b), after the word “land” there is inserted “, lease”;
- (c) in subsection (4), after the word “land” there is inserted “or tenant’s interest”; and
- (d) in subsection (6), after the word “land” there is inserted “which is the subject of the application (or as the case may be over which the tenancy has been created)”.
- (a) in subsection (1), after the word “relates” there is inserted “ (and in the case of an application made by virtue of section 69A(2) above the tenant) ”;
- (b) in subsection (2)(b), after the word “land” there is inserted “ , lease ”;
- (c) in subsection (4), after the word “land” there is inserted “ or tenant's interest ”; and
- (d) in subsection (6), after the word “land” there is inserted “ which is the subject of the application (or as the case may be over which the tenancy has been created) ”.
- (16) In section 92 (appeals to Land Court: valuation)—
- (a) in subsection (1)—
- (i) after the word “or”, where it first occurs, there is inserted “as the case may be the tenant or the”;
- (ii) for the word “or”, where it occurs for the second time, there is substituted “, tenant’s interest or sporting”; and
- (iii) at the end there is added “; and if the valuer has made a determination under section 88A(1) above the tenant and that body may so appeal against the determination.”;
- (b) in subsection (3), for the word “interests” there is substituted “as the case may be of the tenant’s interest or the sporting interests and may substitute its own determination for any determination under section 88A(1) above.”; and
- (c) in each of subsections (4) and (7), after the word “valuation” there is inserted “or determination”.
- (i) after the word “or”, where it first occurs, there is inserted “ as the case may be the tenant or the ”;
- (ii) for the word “or”, where it occurs for the second time, there is substituted “ , tenant's interest or sporting ”; and
- (iii) at the end there is added “ ; and if the valuer has made a determination under section 88A(1) above the tenant and that body may so appeal against the determination. ”;
- (b) in subsection (3), for the word “interests” there is substituted “ as the case may be of the tenant's interest or the sporting interests and may substitute its own determination for any determination under section 88A(1) above. ”; and
- (c) in each of subsections (4) and (7), after the word “valuation” there is inserted “ or determination ”.
- (17) In section 95 (avoidance of disposal other than to crofting community)—
@@ -2296,14 +2291,14 @@
> (1) It is not competent for the owner of the land, or as the case may be the tenant or the person entitled to the sporting interests, to which an application under section 73 above relates—
> (a) to dispose of the land or sporting interests; or
> (b) to assign the tenant’s interest,
> (b) to assign the tenant's interest,
> after the consent date to any person other than the crofting community body which made the application.
; and
- (b) in subsection (3), for the word “or”, where it occurs for the second time, there is substituted “, tenant’s interest or sporting”.
- (18) In section 96(b) (limitation on effect of Part 3 of Land Reform (Scotland) Act 2003), after the word “land” there is inserted “(or an interest created over land)”.
- (b) in subsection (3), for the word “or”, where it occurs for the second time, there is substituted “ , tenant's interest or sporting ”.
- (18) In section 96(b) (limitation on effect of Part 3 of Land Reform (Scotland) Act 2003), after the word “land” there is inserted “ (or an interest created over land) ”.
## SCHEDULE 2
2007-03-01
Crofting Reform etc. Act 2007
original version
Text at this date