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Crofting Reform (Scotland) Act 2010

Type Act of the Scottish Parliament

Publication 2010-08-06

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — REORGANISATION OF THE CROFTERS COMMISSION

The Crofting Commission

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(1) The Crofters Commission is renamed and is to be known as the Crofting Commission.

(2) The “Crofters Commission” is the Commission—

(a) established by section 1 of the Crofters (Scotland) Act 1955 (c.21); and

(b) continued in being by section 1 of the Crofters (Scotland) Act 1993 (c.44) (the “1993 Act”).

(3) For schedule 1 to the 1993 Act, substitute the schedule contained in schedule 1.

(4) Any reference in any enactment to the Crofters Commission is, unless the contrary intention appears, to be construed as a reference to the Crofting Commission.

General functions of the Crofting Commission

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(1) In section 1 of the 1993 Act (constitution and general functions of Crofters Commission), for subsection (2) substitute—

(2) The Commission have— (a) the general functions of— (i) regulating crofting; (ii) reorganising crofting; (iii) promoting the interests of crofting; (iv) keeping under review matters relating to crofting; and (b) such other functions conferred on them by or under this Act or under any other enactment. (2A) In exercising their functions under subsection (2), the Commission must have regard to— (a) the desirability of supporting population retention— (i) in the crofting counties; and (ii) in any area for the time being designated as mentioned in section 3A(1)(b) and in which there are crofts; and (b) the impact of changes to the overall area of land held in crofting tenure on the sustainability of crofting.

(2) After section 2 of that Act insert—

(2A) (1) The Scottish Ministers may, by order— (a) confer functions on; (b) remove functions from; (c) otherwise modify functions of, the Commission. (2) The Scottish Ministers may make an order under subsection (1) only where they consider it appropriate to do so to ensure that the Commission carry out their functions efficiently and effectively. (3) An order under subsection (1) may— (a) confer on the Commission a function exercisable under this Act by the Scottish Ministers (other than a function to make regulations or orders); (b) modify any enactment (including this Act). (2B) (1) The Commission must make an annual report, on the exercise by them of their functions, to the Scottish Ministers. (2) That report must also contain the Commission's assessment of— (a) the issues affecting crofting communities; and (b) the contribution crofting has made to sustainable development. (3) Before making an annual report, the Commission must consult— (a) each local authority in the area of which there are crofts; and (b) Highlands and Islands Enterprise. (4) The Scottish Ministers must lay before the Scottish Parliament a copy of each annual report made to them under this section together with any comments on the report that they consider appropriate. (2C) (1) The Commission must, before the expiry of the period mentioned in subsection (2), prepare and submit to the Scottish Ministers a plan setting out their policy on how they propose to exercise their functions. (2) That period is the period of 6 months beginning with the day after— (a) the day of the first election held in accordance with paragraph 7 of schedule 1 to elect persons to be members of the Commission; (b) the day of each subsequent election. (3) The Commission must, before preparing a plan under this section, consult— (a) each local authority in the area of which there are crofts; (b) Highlands and Islands Enterprise; and (c) such other persons or bodies as the Commission consider appropriate. (4) The Scottish Ministers may— (a) approve the plan (with or without modifications); or (b) reject the plan and direct the Commission to submit a revised plan. (5) Where the Scottish Ministers approve the plan submitted under subsection (1) (including a revised plan submitted under subsection (4)(b)), the Commission must— (a) send a copy of it to each local authority in the area of which there are crofts; (b) make a copy of it available for public inspection at reasonable times; and (c) publish it in such manner as the Commission consider appropriate. (6) The Commission— (a) may, from time to time; (b) must, if required to do so by the Scottish Ministers, vary the plan. (7) Where the Commission, under subsection (6), vary the plan— (a) the Commission must submit it to the Scottish Ministers; and (b) subsections (3) to (5) apply to the variation of a plan as they apply to the preparation of a plan under subsection (1). (2D) (1) The Commission, in exercising their functions, must have regard to any plan approved and published under section 2C. (2) The Land Court may have regard to any such plan when considering an appeal against— (a) any decision, determination or direction of; or (b) the imposition of a condition by, the Commission on an application made to them under this Act.

PART 2 — THE CROFTING REGISTER

Duty to establish and maintain register

The Crofting Register

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(1) The Keeper of the Registers of Scotland must establish and maintain a public register of crofts, common grazings and land held runrig.

(2) The register established under subsection (1) is to be known as the Crofting Register.

(3) In this Part—

the “Keeper” means the Keeper of the Registers of Scotland;

the “register” means the Crofting Register; and

“registered” means registered in the register; and cognate expressions are to be construed accordingly.

Registration

First registration

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(1) An unregistered croft must be registered—

(a) in the case of a new croft, subject to section 3AA of the 1993 Act, on the determination under section 3A(1) or, as the case may be, (2) of that Act to constitute the land or holding as a croft;

(b) in the case of an owner-occupied croft, subject to subsection (9), on the transfer (whether or not for valuable consideration) of the ownership of the croft;

(c) in any case other than the case of a new croft, on the taking, in relation to the croft, of any step mentioned in subsection (4) (or, in the case of a step mentioned in paragraph (p) of that subsection, in accordance with that paragraph).

(2) An unregistered croft may be registered on an application being made by a person mentioned in subsection (3).

(3) The person is—

(a) the owner of the land on which the croft is situated;

(b) the landlord;

(d) where the croft is an owner-occupied croft, the owner-occupier crofter.

(4) The steps referred to in subsection (1)(c) are—

(a) the making of an application for a direction enlarging the croft under section 4(4) of the 1993 Act;

(b) the making of an application for consent to exchange the croft under section 4A of that Act;

(d) the making of an application for consent to divide the croft—

(i) under section 9 of that Act; or

(ii) under section 19D of that Act;

(e) in the case of a bequest of the croft such as is mentioned in subsection (1)(a) of section 10 of that Act, the giving of notice under subsection (2) of that section of the acceptance of the bequest of that croft;

(f) the giving of notice under section 11(1) of that Act in respect of the transfer of the tenancy of the croft in pursuance of section 16(2) of the Succession (Scotland) Act 1964 (c.41);

(g) the making of an application under section 20(1) of the 1993 Act to resume the croft or part of the croft;

(h) the making of an order for reversion of a resumption of the croft under section 21A(1) of that Act;

(i) the making of an application for approval to the letting of the croft or any part of the croft under section 23(3) of that Act;

(j) the re-letting of the croft in accordance with proposals submitted under section 23(5) of that Act;

(k) the letting of the croft pursuant to a determination under section 23(5C) of that Act;

(l) the making of an application for a decrofting direction—

(i) by giving notice under section 24(2) of that Act;

(ii) by application under section 24(3) of that Act; ...

(iia) by application under section 24A(1) of that Act; or

(iii) by application under section 25(4) of that Act;

(m) the division of the croft, or owner-occupied croft, under section 26G of that Act;

(n) the letting of the croft—

(i) in accordance with proposals submitted under section 26J(1) of that Act; or

(ii) pursuant to a decision under section 26J(8) of that Act;

(o) the making of an application for consent to the letting of the croft or any part of the croft under section 29A(1) of that Act other than such a letting under a short lease (within the meaning of section 29A(4) of that Act);

(p) the preparation, under section 38(8)(a) of that Act, of a reorganisation scheme which includes provision—

(i) forming the croft;

(ii) making any change to, or in relation to, the croft;

and in such a case, the croft may not be registered until the condition mentioned in paragraph (a) or (b) of section 39(1) of that Act (whichever first occurs) is satisfied in relation to the scheme;

(q) the making of an application by the crofter of the croft for a part of a common grazing to be apportioned under section 52(4) of that Act.

(5) The Scottish Ministers may, by order, modify subsection (4) so as to—

(a) add a step to;

(b) modify the description of a step in;

that subsection.

(6) But an order under subsection (5) may not add, as a step to subsection (4), the transfer (whether or not for valuable consideration) of the ownership of any land on which the croft is situated.

(7) Where the Scottish Ministers exercise the power in subsection (5), they may by order modify Table 1 in schedule 2 so as to—

(a) add a step to column 1 of that table;

(b) modify the description of any step mentioned in that column;

(d) add a person to column 2 of that table;

(e) modify the description of any person mentioned in that column;

(f) remove a person from that column.

(8) The Scottish Ministers may, by regulations, make provision about when ownership is to be treated as transferred for the purposes of subsection (1)(b).

(9) A person who, but for this subsection, would be required to register an owner-occupied croft by virtue of subsection (1)(b), need not register the croft if a step mentioned in subsection (4) is taken in relation to the croft.

(10) In sections 5 to 19, “first registration” means the registration of an unregistered croft.

(11) In this Part—

“croft”—in relation to an unregistered croft, means—a holding which is a croft within the meaning of section 3 of the 1993 Act; ora new croft;in relation to a registered croft, means a holding which is a croft within the meaning of section 3ZA of that Act;

“new croft” means land or a holding in relation to which the Commission have made a determination, under section 3A(1) or, as the case may be, (2) of the 1993 Act, to constitute the land or holding as a croft.

Registration of events affecting registered crofts

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(1) The following events in relation to a registered croft must be registered, that is—

(a) in the case of an owner-occupied croft, the transfer (whether or not for valuable consideration) of ownership of the croft;

(b) in any case other than the case of an owner-occupied croft—

(i) the transfer (whether or not for valuable consideration) of the ownership of any land on which the croft is situated;

(ii) a change of landlord of the croft;

(2) But subsection (1) does not apply to a croft—

(a) which was registered as a result of the taking of a step mentioned in subsection (4) of section 4 (other than a step mentioned in paragraph (e), (f), (h), (j), (k), (m), (n) or (p) of that subsection); and

(b) in respect of which a step mentioned in subsection (3) constitutes a change affecting the croft which requires to be notified to the Keeper under section 10.

(3) The steps referred to in subsection (1)(c) are—

(a) the enlargement of the croft under section 4 of the 1993 Act;

(b) the exchange of the croft under section 4A of that Act;

(d) the division of the croft—

(i) under section 9 of that Act; or

(ii) under section 19D of that Act;

(e) in the case of a bequest of the croft such as is mentioned in subsection (1)(a) of section 10 of that Act, the giving of notice under subsection (2) of that section of the acceptance of the bequest of that croft;

(f) the transfer of the crofter's interest in a lease of the croft under section 16(2) of the Succession (Scotland) Act 1964 (c.41);

(g) the giving of authorisation to resume the croft or part of the croft under section 20(1) of the 1993 Act;

(h) the granting under section 20(1C) of that Act of an extension of the period for which resumption of the croft is authorised;

(i) the making of a determination under section 20(1F) of that Act converting a temporary resumption of the croft into an ordinary resumption;

(j) the making of an order under section 21A of that Act that land resumed under section 20 is to revert to being a croft;

(k) the letting (or, as the case may be, re-letting) of the croft—

(i) (or part of the croft) under section 23(3) of that Act;

(ii) in accordance with proposals submitted under section 23(5) of that Act;

(iii) pursuant to a determination under section 23(5C) of that Act;

(iv) (or part of the croft) under section 29A(1) of that Act other than such a letting under a short lease (within the meaning of section 29A(4) of that Act);

(l) the making of a decrofting direction under section 24(2) or (3) or, as the case may be, 24B(1) of that Act;

(m) the division of the croft, or owner-occupied croft, under section 26G of that Act;

(n) the letting of the croft—

(i) in accordance with proposals submitted under section 26J(1) of that Act;

(ii) pursuant to a decision under section 26J(8) of that Act;

(o) the making of a change to, or in relation to, the croft by virtue of a provision of a reorganisation scheme prepared under section 38(8)(a) of that Act;

(p) the apportionment of a part of a common grazing to the crofter of the croft under section 52(4) of that Act;

(q) the bringing to an end, under subsection (12) of section 52 of that Act, of an apportionment of a part of a common grazing to the crofter of the croft under subsection (4) of that section.

(4) The Scottish Ministers may, by order, modify subsection (3) so as to—

(a) add a step to;

(b) modify the description of a step in;

that subsection.

(5) Where the Scottish Ministers exercise the power in subsection (4), they may by order modify Table 2 in schedule 2 so as to—

(a) add a step to column 1 of that table;

(b) modify the description of any step mentioned in that column;

(d) add a person to column 2 of that table;

(e) modify the description of any person mentioned in that column;

(f) remove a person from that column.

(6) The Scottish Ministers may, by regulations, make provision about when ownership is to be treated as transferred for the purposes of subsection (1)(a) and (b)(i).

Persons responsible for applications for registration

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(1) An application for first registration of a croft is to be submitted—

(a) in the case of a transfer of ownership of an owner-occupied croft such as is mentioned in section 4(1)(b), by the person to whom such ownership is transferred;

(b) in the case of a step mentioned in section 4(4), by the person mentioned in the entry in column 2 of Table 1 in schedule 2 which corresponds to the entry relating to that step in column 1 of that table.

(2) An application for registration of an event in relation to a registered croft is to be submitted—

(a) in the case of a transfer of ownership of a owner-occupied croft such as is mentioned in section 5(1)(a), by the person to whom such ownership is transferred;

(b) in the case of a transfer of ownership of land such as is mentioned in section 5(1)(b)(i), by the person to whom such ownership is transferred;

(d) in the case of a step mentioned in section 5(3), by the person mentioned in the entry in column 2 of Table 2 in schedule 2 which corresponds to the entry relating to that step in column 1 of that table.

Applications for registration

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(1) Subject to subsection (7), an application for registration, and the fee payable in respect of such registration, is to be submitted to the Commission.

(2) An application for first registration is to be submitted, in the case of a new croft, at the same time as an application under section 3A(1) or, as the case may be, (2) of the 1993 Act.

(3) The Commission must, as soon as reasonably practicable after receiving an application for registration—

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