Crofting Reform (Scotland) Act 2010

(19B) (1) In this Act, a person is an “owner-occupier crofter” if all the conditions in subsections (2) to (4) are satisfied. (2) The first condition is that the person is the owner of a croft. (3) The second condition is that the person— (a) was the crofter of the croft at the time of acquiring it (or is such a crofter's successor in title); (b) acquired title to the croft as the nominee of a crofter (or is such a nominee's successor in title); or (c) purchased the croft from the constituting landlord (or is such a purchaser's successor in title). (4) The third condition is that the croft has not been let to any person as a crofter either by virtue of section 26J or otherwise— (a) at any time since it was acquired as mentioned in subsection (3)(a) or (b); or (b) at any time since it was constituted as mentioned in subsection (6)(a). (5) In this Act, an “owner-occupied croft” means a croft owned by an owner-occupier crofter; and “owner-occupier's croft” is to be construed accordingly. (6) For the purposes of subsection (3)(c), the “constituting landlord” is— (a) the owner of the land at the time the land was constituted as a croft under section 3A; or (b) such an owner's successor in title immediately before the croft is sold to the purchaser mentioned in subsection (3)(c). (19C) (1) An owner-occupier crofter must comply with each of the duties set out in subsection (2). (2) Those duties are that the owner-occupier crofter— (a) must be ordinarily resident on, or within 32 kilometres of, the owner-occupier's croft; (b) must not misuse or neglect the croft; (c) must— (i) cultivate the croft; or (ii) put it to another purposeful use, so that every part of the croft which is capable of being cultivated or put to another purposeful use either is cultivated or is put to such use; (d) must keep the croft in a fit state for cultivation (except in so far as the use of the croft for another purposeful use is incompatible with the croft being kept in such a state). (3) For the purposes of subsection (2)(b), an owner-occupier crofter misuses an owner-occupied croft where the owner-occupier crofter— (a) wilfully and knowingly uses it otherwise than for the purpose of its being cultivated or put to another purposeful use; (b) fails to use the croft for the purpose of its being cultivated; or (c) fails to put the croft to any such purposeful use. (4) For the purposes of subsection (2)(b), an owner-occupier crofter neglects an owner-occupied 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). (5) Without prejudice to the generality of paragraph (d) of subsection (2), in determining whether that paragraph is complied with, regard is to be had to whether appropriate measures (which may include the provision of drainage) are routinely undertaken, where requisite and practicable, to control or eradicate vermin, bracken, whins, broom, rushes and harmful weeds. (6) But where the owner-occupier crofter, in a planned and managed manner, engages in, or refrains from, an activity for the purpose of conserving— (a) the natural beauty of the locality of the owner-occupied croft; or (b) the flora and fauna of that locality, the owner-occupier crofter's so engaging or refraining is not, for the purposes of subsection (2)(b), to be treated as misuse or neglect as respects the croft. (7) If, immediately before the coming into force of section 34 of the Crofting Reform (Scotland) Act 2010 (asp 14), the owner-occupied 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 applied immediately before the coming into force of section 7 of the Crofting Reform etc. Act 2007 (asp 7)), any continuation of use for that occupation is not, for the purposes of subsection (2)(b), to be treated as misuse or neglect as respects the croft. (8) The Scottish Ministers may, by order, amend the meaning of neglect in subsection (4) so as to substitute different standards for those for the time being mentioned in that subsection. (19D) (1) An owner-occupier crofter may not transfer (whether or not for valuable consideration) ownership of any part of the owner-occupier's croft without first dividing the croft into the part which the owner-occupier crofter proposes to transfer and the part which the owner-occupier crofter proposes to retain. (2) The owner-occupier crofter may so divide that owner-occupier's croft only if the owner-occupier crofter first obtains the consent of the Commission to that division. (3) Where consent is applied for under subsection (2) in relation to an unregistered owner-occupied croft, the Commission— (a) must not grant that consent unless an application for first registration of the owner-occupied croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for consent was made; (b) need not, during that 6 month period, consider the application for consent until an application for first registration of the owner-occupied croft is submitted. (4) In relation to a registered owner-occupied croft (other than an owner-occupied croft which is a first registered croft)— (a) any consent of the Commission given by virtue of subsection (2) to a division of the owner-occupied croft expires at the end of the period of 3 months beginning with the date on which such consent was given unless an application for registration of the division is submitted by virtue of section 5 of the 2010 Act before the expiry of that period; (b) the division takes effect on the date of registration. (5) The Keeper must make up and maintain a registration schedule in accordance with section 11 of the 2010 Act in respect of a new croft created by a division under this section. (6) Any transfer of ownership of any part of an owner-occupied croft which is not a new croft created by a division under this section, and any deed purporting to transfer ownership of that part, is null and void. (7) Where the transfer of ownership of a part of an owner-occupied croft is null and void under subsection (6), the Commission may declare the original croft vacant. (8) In this section— - “division” means the division of an owner-occupied croft into two or more new crofts; and cognate expressions are to be construed accordingly; - “original croft” means the owner-occupier's croft mentioned in subsection (1); and - “new crofts” mean each of the crofts created by the division of the original croft.

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Commission consent for absence from croft

Consent for absence from croft

35

After section 21A of the 1993 Act insert—

(21B) (1) A crofter or an owner-occupier crofter may apply to the Commission for consent to be ordinarily resident other than on, or within 32 kilometres of, the croft or, as the case may be, the owner-occupied croft. (2) Where an application under subsection (1) is made by a crofter, the crofter must send a copy of the application to the landlord of the croft. (3) The Commission may grant consent only if they consider that there is a good reason for the person not to be ordinarily resident on, or within 32 kilometres of, the croft or, as the case may be, the owner-occupied croft. (4) The Commission may grant consent subject to such conditions as they consider it appropriate to impose which may, in particular, relate to the duration of absence. (5) The Commission must make their decision on an application under subsection (1) before the expiry of the period of 28 days beginning with the date on which the application is made. (6) The Commission must notify— (a) the applicant; and (b) if the applicant is a crofter, the landlord of the croft, of their decision and the reasons for making it. (21C) (1) Where the Commission have granted consent under section 21B subject to a condition as to the duration of absence, the applicant may, before the expiry of the period for which consent has been granted, apply to the Commission to extend the duration of the consent. (2) Subsections (2) to (6) of section 21B apply to an application under subsection (1) of this section as they apply to an application under section 21B(1). (21D) (1) Where the Commission have granted consent under section 21B subject to a condition (other than a condition as to the duration of absence), the applicant may, before the expiry of the period for which consent has been granted, apply to the Commission to vary the condition. (2) Subsections (2) to (6) of section 21B apply to an application under subsection (1) of this section as they apply to an application under section 21B(1).

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Enforcement of duties of crofters and owner-occupier crofters

Information as to compliance with duties: annual notices

36

After section 40 of the 1993 Act insert—

(40A) (1) The Commission must— (a) by notice given to each crofter, require the crofter to provide the Commission with the information mentioned in subsection (2); (b) by notice given to each owner-occupier crofter, require the crofter to provide the Commission with the information mentioned in subsection (3). (2) The information referred to in subsection (1)(a) is— (a) whether or not the crofter is complying with the duties mentioned in sections 5AA, 5B and 5C; (b) where the crofter is not complying with one or more of those duties— (i) in the case of the duty mentioned in section 5AA, whether the Commission have granted consent under section 21B; (ii) in any case (other than the duty not to misuse the croft), whether a subtenant of the crofter by virtue of a lease to which section 27 applies is complying with the duty; and (c) information relating to any other matter the Commission may require. (3) The information referred to in subsection (1)(b) is— (a) whether or not the owner-occupier crofter is complying with the duties mentioned in section 19C(2); (b) where the owner-occupier crofter is not complying with one or more of those duties— (i) in the case of the duty mentioned in section 19C(2)(a), whether the Commission have granted consent under section 21B; (ii) in any case (other than the duty not to misuse the croft), whether a tenant of the crofter by virtue of a short lease (within the meaning of section 29A) is complying with the duty; and (c) information relating to any other matter the Commission may require. (4) The first notices under subsection (1) must be given as soon as reasonably practicable after the end of the period of 1 year beginning with the day section 36 of the 2010 Act comes into force. (5) Subsequent notices must be given as soon as reasonably practicable after the end of each successive 1 year period. (6) Subsection (2) of section 40 applies to a notice given under subsection (1) of this section as it applies to a notice served under subsection (1) of that section. (7) Section 55(1A) does not apply to a notice given under subsection (1).

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Enforcement of duties of crofters and certain owner-occupiers

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After section 26 of the 1993 Act insert—

(26A) (1) This section applies where the Commission receive— (a) a report from a grazings committee under section 49A(1) which includes information on a matter mentioned in subsection (2); or (b) information in writing from a person mentioned in subsection (3) relating to such a matter. (2) The matter referred to in subsection (1) is that— (a) a crofter is not complying with a duty mentioned in section 5AA, 5B or 5C; or (b) an owner-occupier crofter is not complying with a duty mentioned in section 19C(2). (3) The person referred to in subsection (1)(b) is— (a) a grazings committee; (b) a grazings constable; (c) an assessor appointed under paragraph 16 of schedule 1; (d) a member of the crofting community within which the croft to which the matter mentioned in subsection (2) relates is situated. (4) The Commission must investigate whether or not the duty to which the report or, as the case may be, information relates is being complied with. (5) But the Commission need not do so where they consider the information included in the report or, as the case may be, received as mentioned in subsection (1)(b) is frivolous or vexatious. (26B) (1) This section and section 26C apply where the Commission consider (whether following an investigation under section 26A(4) or otherwise) that— (a) a crofter is not complying with any of the duties mentioned in section 5AA, 5B or 5C; (b) an owner-occupier crofter is not complying with any of the duties mentioned in section 19C(2). (2) For the purposes of subsection (1)(a)— (a) where a crofter has sublet the croft by virtue of a lease to which section 27 applies, the crofter is deemed to comply with the duties mentioned in that subsection (other than the duty not to misuse the croft) if the crofter's subtenant complies with the duties; (b) where the Commission have granted consent under section 21B, the crofter is deemed to comply with the duty mentioned in section 5AA. (3) For the purposes of subsection (1)(b)— (a) where an owner-occupier crofter has let the croft by virtue of a short lease to which section 29A applies, the owner-occupier crofter is deemed to comply with the duties mentioned in that subsection (other than the duty not to misuse the croft) if the owner-occupier crofter's tenant complies with the duties; (b) where the Commission have granted consent under section 21B, the owner-occupier crofter is deemed to comply with the duty mentioned in section 19C(2)(a). (4) In sections 26C, 26D and 26K, the “relevant person” means the crofter (in the case of a croft) or the owner-occupier crofter (in the case of an owner-occupied croft). (26C) (1) The Commission must, unless they consider that there is a good reason not to, give the relevant person a written notice informing the person that the Commission consider that the duty is not being complied with. (2) The notice must— (a) explain the reasons why the Commission consider that the duty is not being complied with; (b) indicate that the relevant person may make representations to the Commission before the expiry of the period of 28 days beginning with the day on which notice is given to the person (the “representation period”); and (c) where given to a crofter, be copied to the landlord of the croft. (3) The Commission must have regard to any representations received within the representation period. (4) The Commission may also have regard to any representations received after the end of the representation period. (5) The Commission must, before the expiry of the period of 14 days beginning with the day on which the representation period ends, decide whether the duty is being complied with. (26D) (1) If the Commission decide that a duty is not being complied with, they must, before taking any action under section 26H or 26J, give the relevant person a written notice giving the person an opportunity to give an undertaking to comply with the duty before the expiry of such period as the Commission consider reasonable. (2) The notice must— (a) explain that the relevant person must give the undertaking before the expiry of the period of 28 days beginning with the day on which the notice is given; (b) explain that the giving of the undertaking by the person constitutes acceptance by the person that the duty is not being complied with; (c) set out what the person must do to comply with the undertaking; (d) explain that if the person complies with the undertaking, no further action will be taken against the person in respect of the failure to comply with that duty; and (e) where given to a crofter, be copied to the landlord of the croft. (3) The Commission may accept an undertaking subject to such conditions as they consider appropriate. (4) The Commission must decide whether to accept an undertaking before the expiry of the period of 28 days beginning with the day on which the relevant person offers to give the undertaking. (26E) The Commission may not take any action under section 26H or 26J if— (a) the period for giving an undertaking under section 26D has not expired; (b) an undertaking has been given under section 26D and the period for complying with the undertaking has not expired; (c) an undertaking given under section 26D has been complied with; (d) in the case of a crofter— (i) the Commission have consented to the sublet of the croft under section 27; (ii) an application for consent to sublet has been made under section 27 and has not been determined; (e) in the case of an owner-occupier crofter— (i) the Commission have consented to the let of the owner-occupier's croft on a short lease (within the meaning of section 29A(4)); (ii) an application for consent to a lease has been made under section 29A and has not been determined; (f) in the case of failure to comply with a duty mentioned in section 5AA or 19C(2)(a)— (i) the Commission have consented to the absence under section 21B; (ii) an application for consent for absence, to extend a period of absence or to vary a condition imposed in respect of such absence has been made under section 21B, 21C or, as the case may be, 21D and has not been determined. (26F) (1) If— (a) the Commission decide that a duty is not being complied with; and (b) none of the circumstances mentioned in section 26E apply, the Commission must take one of the actions mentioned in subsection (2) unless they consider that there is a good reason not to. (2) Those actions are— (a) in the case of a crofter, the tenancy termination procedure under section 26H; (b) in the case of an owner-occupier crofter, the letting procedure under section 26J. (26G) (1) Before taking action under section 26H or 26J, the Commission may, if they are satisfied that it is fair to do so, divide a croft or, as the case may be, an owner-occupied croft. (2) In satisfying themselves as mentioned in subsection (1), the Commission must have regard to— (a) the use and occupation of the croft or owner-occupied croft; (b) in the case of a croft, the interests of the estate in which the croft is located; (c) the sustainable development of the crofting community in the locality of the croft or owner-occupied croft; (d) such other matters as the Commission consider appropriate. (3) Any division of a croft or an owner-occupied croft under subsection (1) takes effect–– (a) as respects an application for first registration of the croft, or owner-occupied croft, submitted by virtue of section 4 of the 2010 Act, on the date of registration; (b) as respects an application for registration of the division of the croft, or owner-occupied croft, submitted by virtue of section 5 of that Act, on the date of registration. (4) The Keeper must make up and maintain a registration schedule in accordance with section 11 of the 2010 Act in respect of a new croft created by a division under this section. (5) Where a croft or owner-occupied croft has been divided under subsection (1), the Commission may take action under section 26H or 26J in respect of any or all of the new crofts created by the division. (6) Where a croft, other than an owner-occupied croft, is divided under subsection (1), the Commission must give written notice of the division to the landlord of the croft, specifying the date on which the division took effect. (7) In this section— - “division” means the division of a croft or an owner-occupied croft into two or more new crofts; and “divide” is to be construed accordingly; and - “new crofts” mean each of the crofts created by a division under subsection (1). (26H) (1) If the Commission are satisfied that it is in the general interest of the crofting community in the locality of the croft, the Commission must make an order terminating the tenancy of the crofter unless they consider that there is a good reason not to. (2) An order under subsection (1) must be notified to— (a) the crofter; and (b) the landlord of the croft. (3) An order under subsection (1) must specify the date on which it takes effect. (4) An order under subsection (1) may not take effect before the expiry of the period of 28 days beginning with the later notification under subsection (2). (5) If the crofter fails to give up occupation of the croft on or before the day on which the order takes effect, the Commission may apply to the sheriff for warrant for ejection of the crofter. (6) The sheriff must grant the warrant for ejection, except on cause shown by the crofter. (7) The Commission may recover from the crofter the expenses incurred by them— (a) in making any application under subsection (5); (b) in executing any warrant granted under subsection (6). (8) A crofter whose tenancy is terminated by an order under subsection (1) has the same rights and liabilities relating to compensation as if the crofter had renounced the tenancy at the date on which the order under subsection (1) takes effect. (26J) (1) The Commission must, unless they consider that there is a good reason not to, direct the owner-occupier crofter to submit to them, before the expiry of the period of 28 days beginning with the day on which the direction is given, a proposal for letting the owner-occupier's croft. (2) No more than three proposals for letting the croft may be submitted in response to a direction given under subsection (1). (3) Where a proposal for letting the croft is submitted to the Commission in response to a direction given under subsection (1), they must approve or reject the proposal within the period of 8 weeks beginning with the day on which the direction was given. (4) The Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (7) and (8) if— (a) no proposals for letting the croft are submitted by the owner-occupier crofter before the expiry of the period mentioned in subsection (1); (b) the owner-occupier crofter has submitted one or two proposals for letting the croft within the period mentioned in subsection (1) and— (i) all such proposals are rejected by the Commission; and (ii) the period mentioned in subsection (1) has expired; or (c) the owner-occupier crofter has submitted three proposals for letting the croft (within the period mentioned in subsection (1)) and the Commission have rejected all three. (5) Any letting of an unregistered owner-occupied croft in accordance with proposals submitted under subsection (1) is void unless an application for first registration of the owner-occupied croft is submitted before the expiry of the period of 3 months beginning with the date of the letting. (6) In relation to a registered owner-occupied croft— (a) any approval under subsection (3) of a proposal for letting the owner-occupied croft under subsection (1) expires at the end of the period of 3 months beginning with the date on which the approval was given unless an application for registration of the letting of the owner-occupied croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period; (b) the letting of the owner-occupied croft takes effect on the date of registration. (7) The Commission must, by public notification, invite applications for letting the owner-occupied croft before the expiry of the period specified in the notification. (8) When the period of notification has ended, the Commission must decide— (a) to which of the applicants (if any) to let the owner-occupied croft; and (b) after consulting the owner-occupier crofter, on what conditions to let the croft. (9) Any letting of an unregistered owner-occupied croft pursuant to a decision under subsection (8) is void unless an application for first registration of the owner-occupied croft is submitted before the expiry of the period of 3 months beginning with the date of the letting. (10) In relation to a registered owner-occupied croft— (a) any decision under subsection (8) to let the owner-occupied croft to an applicant is, at the end of the period of 3 months beginning with the date on which the decision was made, to be treated as if it had not been made unless an application for registration of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period; (b) the letting of the owner-occupied croft takes effect on the date of registration. (11) Where an owner-occupied croft has been let on conditions set by the Commission under subsection (8)(b), the owner-occupier crofter may, before the expiry of the period of 28 days beginning with the day of the letting, apply to the Land Court for a variation of the conditions so set. (12) If the Land Court, on an application under subsection (11), varies the conditions of let, any variation takes effect as from the date of the letting. (26K) (1) A relevant person may appeal to the Land Court against a decision of the Commission under section 26C(5) that a duty is not being complied with. (2) A relevant person may appeal to the Land Court against a decision of the Commission under section 26D— (a) not to accept an undertaking; (b) to impose conditions on such an undertaking. (3) A relevant person may appeal to the Land Court against— (a) the making by the Commission of an order under section 26H; or (b) the giving by the Commission of a direction under section 26J. (4) An appeal under subsection (3) may include an appeal against a division under section 26G of (as the case may be)— (a) the croft; or (b) the owner-occupied croft. (5) An appeal under subsection (2) or (3) must be made before the expiry of the period of 42 days beginning with the day on which the decision, order or direction is made. (6) An appeal under subsection (2) or (3) may be made only on one or more of the following grounds— (a) that the Commission erred in law; (b) that the Commission made a finding as to a fact material to the decision, order or direction but did not have sufficient evidence on which to base that finding; (c) that the Commission acted contrary to natural justice; (d) that the Commission took into account certain irrelevant or immaterial considerations; (e) that the Commission failed to take into account certain relevant or material considerations; (f) that the Commission exercised their discretion in an unreasonable manner. (7) In an appeal under this section, the Land Court may— (a) confirm or revoke the decision, order or direction; (b) direct the Commission to make a different decision, order or direction; (c) remit the case to the Commission without so directing them. (8) The Commission must give effect to the decision of the Land Court on an appeal under this section. (9) The Land Court may, if it considers it appropriate in consequence of any decision on an appeal under subsection (3), order the Keeper to rectify the Crofting Register.

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Grazings committees: duty to report misuse etc.

Grazings committees: duty to report breaches of crofters’ and owner-occupier crofters’ duties etc.

38

After section 49 of the 1993 Act insert—

(49) (1) Each grazings committee must report to the Commission on— (a) the condition of the common grazing; (b) the condition of every croft of a crofter sharing in the grazing; (c) the condition of every owner-occupied croft of an owner-occupier crofter sharing in the grazing; (d) any other matter the Commission may require. (2) Where the committee consider that— (a) a crofter sharing in the grazing is not complying with a duty mentioned in section 5AA, 5B or 5C; (b) an owner-occupier crofter sharing in the grazing is not complying with a duty mentioned in section 19C(2), the report under subsection (1) must also include information on that matter. (3) A report under subsection (1) may also include information on any other matter affecting— (a) the common grazing; (b) crofting in any township associated with the grazing, as the committee consider appropriate. (4) The first report under subsection (1) must be submitted as soon as reasonably practicable after the end of the period of 1 year beginning with the day section 38 of the 2010 Act comes into force. (5) Each subsequent report must be submitted as soon as reasonably practicable after the end of each successive period of 5 years.

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Letting of owner-occupied crofts

Letting of owner-occupied crofts

39

After section 29 of the 1993 Act insert—

(29A) (1) An owner-occupier crofter may not let the owner-occupier's croft (or any part of it) without the consent of the Commission. (2) Subject to subsection (7), where consent is applied for under subsection (1) in relation to an unregistered owner-occupied croft (or any part of such an owner-occupied croft), the Commission— (a) may not grant that consent unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for consent was made; (b) need not, during that 6 month period, consider the application for consent until an application for first registration of the croft is submitted. (3) Subject to subsection (8), in relation to a registered owner-occupied croft (other than an owner-occupied croft which is a first registered croft), or any part of such a croft— (a) any consent under subsection (1) expires at the end of the period of 3 months beginning with the date on which such consent was granted unless an application for registration of the letting of the croft (or part of the croft) is made by virtue of section 5 of the 2010 Act before the expiry of that period; (b) the letting of the croft (or part of the croft) takes effect on the date of registration. (4) The Commission may, in giving their consent to a proposed lease of an owner-occupied croft for a period not exceeding 10 years (a “short lease”), impose such conditions (other than any relating to rent) as they consider appropriate. (5) A lease is void if it is granted— (a) without the Commission's consent; (b) in the case of a short lease, otherwise than in accordance with such conditions as the Commission may impose. (6) The Commission may terminate a short lease granted under this section if— (a) a condition imposed under subsection (4) is breached; or (b) the tenant fails to comply with a condition of let (other than any relating to rent). (7) Subsection (2) does not apply to an application for consent to a proposed lease which is a short lease. (8) Subsection (3) does not apply to— (a) consent under subsection (1) to a short lease; or (b) the letting of the croft (or part of the croft) on a short lease. (9) Where, by virtue of a lease granted under this section, a right in a common grazing is let to the tenant under the lease— (a) that tenant comes into the place of the owner-occupier crofter in relation to any matter which concerns the right; and (b) any grazings regulations applicable to the grazing apply to the tenant accordingly. (10) Subsections (1) to (6) do not apply to the letting of any dwelling-house or other building forming part of the owner-occupied croft to holiday visitors. (29B) The tenant under a short lease of an owner-occupied croft is not to be treated as— (a) a crofter; or (b) the tenant under a lease constituting— (i) a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11); (ii) a short limited duration tenancy within the meaning of that Act; or (iii) a limited duration tenancy within the meaning of that Act.

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PART 4 — FURTHER AMENDMENTS OF THE 1993 ACT

Disposal of croft land, resumption and decrofting

Limitation on crofter’s ability to nominate disponee

40

In section 13 of the 1993 Act (authorisation of the Land Court of acquisition of croft land), after subsection (1) insert—

(1A) For the purposes of subsection (1)(a), only a member of the crofter's family may be the crofter's nominee.

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Extension of period during which sum is payable on disposal of croft land

41

In section 14(3) of the 1993 Act (consideration payable in respect of disposal of croft land), for “five” substitute “ ten ”.

Consideration of application to resume croft

42

After subsection (1A) of section 20 of the 1993 Act (resumption of croft or part of croft by landlord) insert—

(1AA) In determining whether it is satisfied as mentioned in subsection (1) above (and, in particular, whether the reasonable purpose mentioned there relates to the public interest) the Land Court— (a) may take into account the effect that purpose (whether alone or in conjunction with other considerations) would have on the matters mentioned in subsection (1AC) below; and (b) where the purpose is, or is connected with, the development of the croft in respect of which planning permission subsists, may take into account the effect such development would have on the croft, the estate and the crofting community in the locality of the croft, and must authorise, or refuse to authorise, the resumption of the croft by the landlord accordingly. (1AB) Subsection (1AA) above is without prejudice to subsection (1D) below. (1AC) The matters mentioned in subsection (1AA)(a) above are— (a) the sustainability of— (i) crofting in the locality of the croft or such other area in which crofting is carried on as appears to the Land Court to be relevant; (ii) the crofting community in that locality or the communities in such an area; (iii) the landscape of that locality or such an area; (iv) the environment of that locality or such an area; (b) the social and cultural benefits associated with crofting. (1AD) In subsection (1AA) above— - “development” has the meaning given by section 26 of the Town and Country Planning (Scotland) Act 1997 (c.8); - “planning permission” is to be construed in accordance with Part 3 of that Act; - “effect” includes both a positive and negative effect.

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Consideration of decrofting directions

43

After subsection (1) of section 25 of the 1993 Act (provisions supplementary to section 24(3)) insert—

(1A) In determining whether they are satisfied as mentioned in subsection (1)(a) above (and, in particular, whether the reasonable purpose mentioned there relates to the public interest), the Commission— (a) may take into account the effect that purpose (whether alone or in conjunction with other considerations) would have on the matters mentioned in subsection (1B) below; and (b) where the purpose is, or is connected with, the development of the croft in respect of which planning permission subsists, may take into account the effect such development would have on the croft, the estate and the crofting community in the locality of the croft, and must give the direction, or refuse to grant the application for it, accordingly. (1B) The matters mentioned in subsection (1A)(a) above are— (a) the sustainability of— (i) crofting in the locality of the croft or such other area in which crofting is carried on as appears to the Commission to be relevant; (ii) the crofting community in that locality or the communities in such an area; (iii) the landscape of that locality or such an area; (iv) the environment of that locality or such an area; (b) the social and cultural benefits associated with crofting. (1C) In subsection (1A) above— - “development” has the meaning given by section 26 of the Town and Country Planning (Scotland) Act 1997 (c.8); - “planning permission” is to be construed in accordance with Part 3 of that Act; - “effect” includes both a positive and negative effect.

.

Letting of vacant crofts

Requirements to submit proposals for re-letting crofts

44

• (1) Section 11 of the 1993 Act (intestacy) is amended as follows.

• (2) In subsection (8)(a), after “them” insert “ , before the expiry of the period of 4 months beginning with the day on which the notice is given, ”.

• (3) Section 23 of the 1993 Act (vacant crofts) is amended as follows.

• (4) In subsection (5)—

• (a) after “them” where it first occurs insert “ , before the expiry of the period of 2 months beginning with the day on which the notice is given, ”; and

• (b) the words from “, and if,” to the end are repealed.

• (5) After that subsection insert—

(5ZA) No more than three proposals may be submitted to the Commission in response to a notice given under subsection (5). (5ZB) Where a proposal for letting the croft is submitted to the Commission in response to a notice given under subsection (5), they must approve or reject the proposal— (a) in a case where the croft is declared vacant under section 11(8), within the period of 5 months beginning with the day on which the notice under section 11(8)(a) is given; or (b) in any other case, within the period of 3 months beginning with the day on which the notice under subsection (5) was given. (5ZC) The Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (5B) and (5C) if— (a) no proposals for letting the croft are submitted by the landlord before the expiry of the period of 2 months mentioned in subsection (5); (b) the landlord has submitted one or two proposals for letting the croft within the period of 2 months mentioned in subsection (5) and— (i) all such proposals are rejected by the Commission; and (ii) the period of 2 months mentioned in subsection (5) has expired; or (c) the landlord has submitted three proposals for letting the croft (within the period of 2 months mentioned in subsection (5)) and the Commission have rejected all three.

.

• (6) For subsection (5A) substitute—

(5A) Where a croft is declared vacant under section 11(8), the Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (5B) and (5C) if— (a) no proposals for letting the croft are submitted by the landlord before the expiry of the period of 4 months mentioned in section 11(8)(a); (b) the landlord has submitted one or two proposals for letting the croft within the period of 4 months mentioned in section 11(8)(a) and— (i) all such proposals are rejected by the Commission; and (ii) the period of 4 months mentioned in section 11(8)(a) has expired; or (c) the landlord has submitted three proposals for letting the croft (within the period of 4 months mentioned in section 11(8)(a)) and the Commission have rejected all three.

.

Application to decroft where action being taken to re-let vacant croft

45

In section 24 of the 1993 Act (decrofting in case of resumption or vacancy), after subsection (3) insert—

(3A) The Commission need not consider any application made by the landlord under subsection (3) if— (a) they have given notice, under section 11(8)(a) or 23(5), requiring the landlord to submit proposals for re-letting the croft and the period mentioned in section 11(8)(a) or, as the case may be, 23(5) within which such proposals must be submitted has not expired; or (b) no such proposals having been submitted before the expiry of that period or, such proposals having been submitted, no such proposal having been approved, they are proceeding in accordance with subsections (5B) and (5C) of section 23.

.

Enlargement of crofts and common grazings

Enlargement of crofts

46

For section 4 of the 1993 Act (enlargement of crofts) substitute—

(4) (1) This section applies where an owner of land— (a) which is not a croft; and (b) which does not form part of a croft, agrees to grant a tenancy of that land to a crofter. (2) The owner and the crofter may apply jointly to the Commission for a direction that the land is to form part of a croft of which the crofter is tenant. (3) Where a croft such as is mentioned in subsection (2) is an unregistered croft, the Commission— (a) must not make a direction under subsection (4) unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for the direction is made; (b) need not, during that 6 month period, consider the application for the direction until an application for first registration of the croft is submitted. (4) The Commission may make a direction if they are satisfied that the enlargement of the croft— (a) would be of benefit to the croft or to the crofter; (b) would not result in the area of the enlarged croft substantially exceeding 30 hectares. (5) Where the Commission make a direction in relation to an unregistered croft or a first registered croft, the land forms part of the croft with effect from the later of— (a) the date of the direction; or (b) the date of entry under the tenancy. (6) Where the Commission make a direction in relation to a registered croft (other than a first registered croft)— (a) the direction expires at the end of the period of 3 months beginning with the date on which the direction is made unless an application for registration of the enlargement of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period; (b) the enlargement takes effect on the date of registration. (7) For the purposes of section 6 and paragraph 1 of schedule 2, the rent payable for the enlarged croft is the rent agreed by the landlord and the crofter. (8) In subsections (5) and (6), “first registered croft” means a croft mentioned in section 5(2) of the 2010 Act.

.

Enlargement of common grazings

47

For section 51 of the 1993 Act (enlargement of common grazings) substitute—

(51) (1) This section applies where— (a) an owner of land to which this Act does not apply agrees to grant rights in any pasture or grazing land to the crofters sharing in a common grazing; and (b) the owner and the crofters agree that such land will form part of the common grazing. (2) The owner and the crofters may apply jointly to the Commission for a direction that the land is to form part of the common grazing. (3) The Commission may make a direction if they are satisfied that the enlargement of the common grazing would be of benefit to the common grazing or the crofters sharing in it. (4) Where the Commission make a direction in relation to an unregistered common grazing, the land forms part of the common grazing from the later of— (a) the date of the direction; or (b) the date on which the rights mentioned in subsection (1)(a) are first exercisable. (5) Where the Commission make a direction in relation to a registered common grazing— (a) the direction expires at the end of the period of 3 months beginning with the date on which the direction is made unless an application for registration of the enlargement of the common grazing is submitted by virtue of section 25 of the 2010 Act before the expiry of that period; (b) the enlargement takes effect on the date of registration.

.

Commission's approval and consent

Obtaining Commission approval or consent

48

• (1) Section 58A of the 1993 Act (obtaining Commission approval or consent) is amended as follows.

• (2) At the beginning of subsection (3), insert “ Subject to subsection (5B), ”.

• (3) In subsection (4)—

• (a) the word “or” immediately preceding paragraph (c) is repealed; and

• (b) at the end of that paragraph insert

; or (d) any other person the Commission consider has a relevant interest in the application,

.

• (4) After subsection (5) insert—

(5A) Despite subsection (4), the Commission may accept an objection submitted after the end of the 28-day period if they consider there is a good reason why the objection is late. (5B) Where the application is an application for consent to divide a croft under section 9 made by an executor under section 10(4A)— (a) subsections (3) to (5A); (b) in subsection (6), the words “When those 28 days have elapsed”; (c) in subsection (12A), paragraph (b); and (d) subsections (16) and (17), do not apply.

.

• (5) In subsection (6)—

• (a) after “Commission” insert “ must, subject to subsection (6A), decide the application by ”; and

• (b) for paragraphs (a) and (b) substitute—

(a) granting it; (b) granting it subject to conditions; or (c) refusing it.

.

• (6) After subsection (6) insert—

(6A) Where— (a) the application for consent to divide the croft is made by an executor under section 10(4A); and (b) it relates to a bequest of the tenancy of the part of the croft comprising the site of the dwelling-house on or pertaining to the croft to one natural person and the tenancy of the remaining part to one other such person, the Commission must grant the application (whether or not subject to conditions).

.

• (7) For subsections (7) to (10) substitute—

(7) In considering their decision on the application, the Commission must have regard to the following— (a) in the case of an application relating to a croft— (i) whether any person is or will be ordinarily resident on, or within 32 kilometres of, the croft; (ii) whether the croft is being or will be cultivated or put to such other purposeful use as is consented to under section 5C(4); (b) the interests of the estate which comprises the land to which the application relates; (c) the interests of the crofting community in the locality of that land; (d) the sustainable development of that crofting community; (e) the interests of the public at large; (f) any objections received under subsection (4) or (5A); (g) any plan of the Commission approved and published under section 2C; (h) any other matter which the Commission consider relevant.

.

• (8) In subsection (11), for the words “; and references in this section to their intervening are to their proceeding to such a determination” substitute “ or grant it subject to conditions ”.

• (9) In subsection (12), the words “and give such notification as is mentioned in subsection (10)(a) above” are repealed.

• (10) After subsection (12) insert—

(12A) The Commission must, before the expiry of the period of 21 days beginning with the day on which the decision under subsection (6) is taken, give notice of that decision— (a) to the applicant; (b) to any person who objected under subsection (4) or (5A); and (c) where appropriate and in so far as not already given notice under paragraph (a) or (b), to— (i) the crofter; (ii) the owner-occupier crofter; (iii) the landlord; and (iv) as the case may be, the grazings committee.

.

• (11) Subsections (13) to (15) are repealed.

• (12) After section 58A insert—

(58B) (1) This section applies where the Commission grant, subject to conditions, an application under section 58A for their approval or consent. (2) The Commission may, on an application to them by the person who applied for the approval or consent (the “original applicant”), modify the conditions imposed by— (a) varying a condition; (b) removing a condition; (c) adding a condition, as they consider appropriate. (3) Where the Commission so modify conditions they must, before the expiry of the period of 14 days beginning with the day on which they do so, give notice of their decision to— (a) the original applicant; (b) any other person who was given written notification under section 58A(12A) of the decision to grant the approval or consent subject to conditions; and (c) any other person the Commission consider has a relevant interest. (4) Subject to subsection (5), subsections (2) to (5A), (16) and (17) of section 58A apply to an application under subsection (2) of this section as they apply to an application under subsection (1) of that section. (5) Where the original applicant is an executor who applied under section 10(4A) for consent to divide a croft under section 9, subsections (3) to (5A), (16) and (17) do not apply.

.

Succession to crofts

Bequest of crofts

49

• (1) Section 10 of the 1993 Act (bequest of croft) is amended as follows.

• (2) In subsection (1), for the words from “bequeath” to the end substitute—

(a) bequeath the tenancy of the whole of the crofter's croft to any one natural person; or (b) bequeath the tenancy of that croft to two or more natural persons provided that— (i) each person would come into the place of the crofter in relation to the tenancy of part of the croft; and (ii) no part of the croft would, were all the bequests accepted, be untenanted.

.

• (3) For subsection (2) substitute—

(2) A person to whom the tenancy of a croft (or of part of a croft) is bequeathed (in this section, the “legatee”) must, if the legatee accepts the bequest— (a) give notice of the bequest to the landlord; and (b) send a copy of the notice to the Commission, before the end of the period of 12 months beginning with the death of the crofter.

.

• (4) For subsections (2B) to (4D) substitute—

(3) The bequest is null and void if— (a) in the case of a bequest such as is mentioned in subsection (1)(a), no notice is given (and no copy sent) in accordance with subsection (2) or (2A); (b) in the case of a bequest such as is mentioned in subsection (1)(b), any legatee fails to give notice (and send a copy) in accordance with subsection (2) or (2A). (4) Where, in the case of a bequest as is mentioned in subsection (1)(a), notice is given (and a copy sent) in accordance with subsection (2) or (2A), the legatee comes into the place of the deceased crofter (as from the date of death of that crofter) on the relevant date of registration. (4A) Where— (a) a crofter bequeaths the tenancy of a croft as mentioned in subsection (1)(b); and (b) each legatee gives notice (and sends a copy) in accordance with subsection (2) or (2A), the deceased crofter's executor must apply to the Commission for consent under section 9 to divide the croft accordingly. (4B) Where the Commission give their consent to the division of the croft under section 9, each legatee comes into the place of the deceased crofter in relation to that legatee's new croft (as from the date of death of that crofter) on the relevant date. (4C) The bequest is null and void if— (a) the Commission do not give their consent to the division of the croft under section 9; or (b) such consent is given but an application for registration of the division is not made in accordance with subsection (3)(a) of that section.

.

• (5) In subsection (4E)—

• (a) at the beginning insert “ Subject to subsection (4EA), ”; and

• (b) for “(2B), (4A) or, as the case may be, (4D)” substitute “ (4) or, as the case may be, (4B) ”.

• (6) After that subsection insert—

(4EA) Where, as a result of the Commission giving their consent to the division of the croft under section 9, two or more legatees come into the place of the deceased crofter, those legatees are jointly and severally liable for— (a) the debts mentioned in subsection (4E)(a); and (b) any expenses mentioned in subsection (4E)(b).

.

• (7) After subsection (6) insert—

(7) In subsection (4), the “relevant date of registration” is— (a) where the croft was unregistered, the date of registration in relation to the application for registration of the croft by virtue of section 4(4)(e) of the 2010 Act; (b) where the croft was registered, the date of registration in relation to the application for registration of the notice by virtue of section 5(3)(e) of that Act. (8) In subsection (4B)— - “legatee's new croft” means the new croft, formed by division under section 9, which corresponds to the part of the original croft bequeathed to the legatee (“division”, “new croft” and “original croft” being construed in accordance with section 9(6)); - “relevant date” means— 1. where the croft was unregistered, the date the Keeper receives notification of the Commission's consent to divide the croft by virtue of section 10(7) of the 2010 Act; 2. where the croft was registered, the date of registration in relation to the application for registration of the division by virtue of section 5(3)(d)(i) of that Act.

.

Appeals

Appeals: procedure

50

• (1) In the 1993 Act—

• (a) in section 25(8) (provisions supplementary to section 24(3)), the words “by way of stated case” are repealed;

• (b) in section 38A(1) (appeal to Land Court: special provision as respects reorganisation schemes), the words “by way of stated case” are repealed;

• (c) in section 52A(2)(a) (appeal to the Land Court: general), the words “by way of stated case,” are repealed.

• (2) In section 52A of that Act (appeal to the Land Court: general), after subsection (4) insert—

(4B) The Commission may be a party to any appeal to the Land Court under this Act or in any proceedings on a question coming before that Court on an application under section 53(1) of this Act.

.

PART 5 — GENERAL AND MISCELLANEOUS

Duty to report to the Scottish Parliament

51

• (1) The Scottish Ministers must lay before the Scottish Parliament, once every 4 years, a report on—

• (a) the economic condition of crofting;

• (b) the measures taken to support crofting during the reporting period by—

• (i) the Scottish Ministers;

• (ii) the Commission;

• (c) the further measures that the Scottish Ministers intend to take to address the economic condition of crofting.

• (2) The first such report must be laid before the Scottish Parliament within 6 months of the date on which the Bill for this Act was passed.

• (3) In subsection (1) “reporting period” means—

• (a) in the case of the first report, the period of 4 years preceding the laying of the report;

• (b) in the case of each subsequent report, the period since the laying of the last report.

Pre-consolidation modifications of enactments relating to crofting

52

• (1) The Scottish Ministers may, by order, make such modifications of enactments relating to crofting as in their opinion facilitate, or are otherwise desirable in connection with, the consolidation of the law on crofting.

• (2) An order under this section may not be made unless a Bill consolidating the law on crofting has been introduced in the Scottish Parliament.

• (3) If an Act resulting from such a Bill is passed, the order comes into force by virtue of this subsection immediately before the commencement of that Act.

Subordinate legislation

53

• (1) Any power conferred by this Act on the Scottish Ministers to make regulations, rules or orders is exercisable by statutory instrument.

• (2) Any such power—

• (a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and

• (b) includes power to make such transitory, transitional or saving provision as the Scottish Ministers consider necessary or expedient.

• (3) Subject to subsections (4) and (7), a statutory instrument containing regulations, rules or an order under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (4) No order under—

• (a) section 52(1);

• (b) section 54(1) containing provisions which add to, replace or omit any part of the text of any Act; or

• (c) section 57(2) bringing any of sections 3 to 32 into force,

may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Scottish Parliament.

• (5) Before laying a draft of an order under section 52(1) before the Scottish Parliament, the Scottish Ministers must—

• (a) lay before the Parliament—

• (i) a copy of the proposed draft order;

• (ii) a statement of their reasons for proposing to make the draft order;

• (b) publicise the proposed draft order in such a manner as they consider appropriate; and

• (c) have regard to—

• (i) any representations about the proposed draft order;

• (ii) any resolution of the Parliament about the proposed draft order; and

• (iii) any report by a committee of the Parliament for the time being appointed by virtue of the standing orders of the Parliament about the proposed draft order, made during the period mentioned in subsection (6).

• (6) The period is such period of 60 days or longer (including at least 30 days on which the Scottish Parliament is not dissolved or in recess) as the Scottish Ministers specify when laying the draft order.

• (7) Subsection (3) does not apply to an order under section 57(2).

Ancillary provision

54

• (1) The Scottish Ministers may, by order, make such incidental, supplementary or consequential provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.

• (2) An order under subsection (1) may modify any enactment (including this Act).

Minor and consequential amendments and repeals

55

Schedule 4 makes minor modifications and modifications consequential on this Act.

Interpretation

56

• (1) In this Act—

• the “1993 Act” means the Crofters (Scotland) Act 1993 (c.44);

• “certificate of registration” has the meaning given by section 9(6);

• “the Commission” means the Crofting Commission;

• “first registration” has the meaning given by section 4(10);

• “Keeper” has the meaning given by section 3(3);

• “new croft” has the meaning given by section 4(11);

• “owner-occupied croft” has the meaning given by section 19B(5) of the 1993 Act (as inserted by section 34);

• “owner-occupier crofter” is to be construed in accordance with section 19B(1) to (4) of the 1993 Act (as inserted by section 34);

• “register” has the meaning given by section 3(3);

• “registered” and cognate expressions have the meanings given by section 3(3);

• “registration schedule”, in relation to a croft, a common grazing or land held runrig, means the registration schedule of the croft, common grazing or, as the case may be, land held runrig made up and maintained under section 11(1).

• (2) Other expressions used in this Act which are also used in the 1993 Act have the meanings given to them in that Act unless this Act provides otherwise.

Short title, commencement and Crown application

57

• (1) This Act is the Crofting Reform (Scotland) Act 2010.

• (2) This Act (other than this section and sections 53 and 54) comes into force on such day as the Scottish Ministers may by order appoint.

• (3) Different days may be appointed for different purposes.

• (4) This Act binds the Crown.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

1

Section 8 applies to an application for registration forwarded under subsection (4) of section 26 or submitted under subsection (8) of that section as it applies to an application for registration mentioned in section 8, with the following modifications—

• (a) in subsection (1), for “section 7(3)(b)” substitute “ subsection (4) of section 26 or submitted under subsection (8) of that section ”;

• (b) for “croft”, in each place where it appears in subsections (2), (3) and (5), substitute “ common grazing ”;

• (c) in subsection (3), for “common grazing”, in each place where it appears, substitute “ croft ”.

2

Section 9 applies to registration relating to a common grazing as it applies to registration relating to a croft, with the following modifications—

• (a) for “croft”, in each place where it appears in subsections (1), (2) and (5), substitute “ common grazing ”;

• (b) in subsection (3), for “the crofter of the croft” substitute “ any grazings committee, or grazings constable, appointed in respect of the common grazing ”;

• (c) subsection (4) is omitted.

3

Section 10 applies to a first registration of a common grazing as it applies to a first registration of a croft, with the following modifications—

• (a) for “croft”, where it appears in each of subsections (1) and (2), substitute “ common grazing ”;

• (b) subsections (3) to (8) are omitted.

4

Section 11 applies to a common grazing as it applies to a croft, with the following modifications—

• (a) for “croft”, in each place where it appears in subsections (1), (2)(a), (3), (4) and (7), substitute “ common grazing ”;

• (b) for paragraph (b) of subsection (2) substitute—

(b) the name and address of the owner of the common grazing; (ba) details of any croft of which a right in the common grazing forms part (including, where the croft is registered, a reference to the registration schedule of the croft); (bb) in relation to a croft such as is mentioned in paragraph (ba) which is unregistered, the name and designation of, as the case may be— (i) any tenant of the croft; (ii) any owner-occupier crofter of the croft; (bc) the name and designation of any other person who holds a right in the common grazing;

;

• (c) in subsection (4), for “common grazing”, in each place where it appears, substitute “ croft ”.

5

Section 12 applies to a certificate of registration relating to a common grazing received under section 9(2) as it applies to a certificate of registration relating to a croft received under section 9(2) or, as the case may be, a copy of such a certificate received under section 9(4), with the following modifications—

• (a) in subsection (3)—

• (i) for “croft”, where it appears in each of paragraphs (a) and (b), substitute “ common grazing ”;

• (ii) paragraphs (c) and (d) are omitted;

• (iii) after paragraph (d) insert—

(da) the grazings committee or grazings constable (or, where there is no such committee or constable, any person of whom the Commission are aware who holds a right in the common grazing);

;

• (iv) for “croft”, where it appears in each of paragraphs (e), (f) and (h), substitute “ land ”;

• (v) in paragraph (g) for “of any adjacent croft” substitute “ , or any other tenant, of any adjacent land ”;

• (vi) paragraph (i) is omitted;

• (vii) in paragraph (j), the words “(not being land which is an adjacent croft)” are omitted;

• (b) in subsection (4)—

• (i) for “croft”, where it appears in each of paragraphs (a) and (b), substitute “ common grazing ”;

• (ii) in paragraph (c), for “11(2)(b)” substitute “ paragraphs (b), (bb) and (bc) of section 11(2) (as it applies to common grazings) ”;

• (iii) after paragraph (c), insert—

(ca) the details of any crofts entered in the registration schedule in accordance with paragraph (ba) of section 11(2) (as it applies to common grazings);

;

• (c) for “croft”, in each place where it appears in subsection (8), substitute “ common grazing ”.

6

Section 13 applies to a notice required to be affixed under section 12(8)(b) to a common grazing as it applies to such a notice relating to a croft, with the modification that for “croft”, in each place where it appears in subsections (2) and (3)(a), there is substituted “ common grazing ”.

7

Section 14 applies to registration of a common grazing (other than a new common grazing) as it applies to registration of a croft, with the modification that for “croft”, where it appears in each of subsections (4)(a) and (b), (5), (6) and (7), there is substituted “ common grazing ”.

8

Section 15 applies to a resumed common grazing as it applies to a resumed croft, with the following modifications—

• (a) for “croft”, in each place where it appears in subsections (1)(a), (2) and (4), substitute “ common grazing ”;

• (b) subsections (1)(b) and (3) are omitted.

9

Section 16 applies to rectifications relating to common grazings as it applies to rectifications relating to other matters, with the modification that in subsection (3) for “7(3)(b)” there is substituted “ 26(4) ”.

10

Section 17 applies to a rectification of the register relating to a common grazing as it applies to such rectifications relating to other matters, with the following modifications—

• (a) in subsection (1), for “croft” substitute “ common grazing ”;

• (b) subsection (4) is omitted.

11

Section 18 applies to an entitlement to indemnity relating to a common grazing as it applies to an entitlement to indemnity relating to other matters, with the modification that in subsection (6) for “7(3)(b)” there is substituted “ 26(4) ”.

12

Section 19 applies to the making of rules and orders in relation to common grazings as it applies to the making of rules and orders in relation to other matters, with the modification that in subsection (1)(e), for “crofts” there is substituted “ common grazings ”.

13

Section 20 applies to an act or omission of the Keeper relating to a common grazing as it applies to an act or omission of the Keeper relating to any other matter.

14

Section 21 applies to an amendment to the registration schedule of a common grazing, or to an amendment to the register relating to a common grazing, as it applies to an amendment to the registration schedule of a croft, or as the case may be, to an amendment to the register relating to a croft with the following modifications—

• (a) in subsection (1)—

• (i) for “croft or owner-occupied croft” substitute “ common grazing ”;

• (ii) for “5(1)” substitute “ 25(1) ”;

• (b) in subsection (2), for “the crofter, or as the case may be owner-occupier crofter, of the croft” substitute “ the owner of the common grazing and to any grazings committee, or grazings constable, of the common grazing ”;

• (c) subsection (3) is omitted;

• (d) in subsection (4)—

• (i) “26K(9)” is omitted;

• (ii) in paragraph (a), for “croft” substitute “ common grazing ”.

SCHEDULE 4

Small Landholders (Scotland) Act 1911

1

• (1) The Small Landholders (Scotland) Act 1911 (c.49) is amended as follows.

• (2) In section 10 (additional statutory conditions), after subsection (2) insert—

(2A) Where the holding of a new holder as mentioned in the further proviso to subsection (2) is situated in an area designated by order under section 3A(1)(b) of the Crofters (Scotland) Act 1993 (c.44) (new crofts), the reference to the Board in that subsection is to be construed as a reference to the Crofting Commission.

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• (3) In section 16 (amendment of law as to enlargement of holdings)—

• (a) in the proviso to subsection (1)—

• (i) after “Board”, where it first occurs, insert “ (or, in the case of applications mentioned in subsection (1A), the Crofting Commission) ”; and

• (ii) after “Board”, where it second occurs, insert “ (or, as the case may be, the Crofting Commission) ”; and

• (b) after that subsection, insert—

(1A) The applications referred to in subsection (1) which are to be made to the Crofting Commission are those for enlargement of holdings situated in an area designated by order under section 3A(1)(b) of the Crofters (Scotland) Act 1993 (c.44) (new crofts).

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• (4) In section 17 (amendment of law as to vacant holdings)—

• (a) the existing provision becomes subsection (1) of that section; and

• (b) after that subsection add—

(2) In the application of subsection (1) to holdings situated in an area designated by order under section 3A(1)(b) of the Crofters (Scotland) Act 1993 (c.44) (new crofts), references to the Board are to be construed as references to the Crofting Commission.

.

• (5) In section 32 (provisions as to statutory small tenants)—

• (a) in subsection (3), after “Board” insert “ or, in the case of a holding mentioned in subsection (3A), the Crofting Commission ”;

• (b) after that subsection, insert—

(3A) The holding referred to in subsection (3) is a holding situated in an area designated by order under section 3A(1)(b) of the Crofters (Scotland) Act 1993 (c.44) (new crofts).

; and

• (c) after subsection (12), insert—

(12A) In the application of subsection (12) to landlords and tenants of holdings situated as mentioned in subsection (3A), the reference to the Board is to be construed as a reference to the Crofting Commission.

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Succession (Scotland) Act 1964

2

• (1) The Succession (Scotland) Act 1964 (c.41) is amended as follows.

• (2) In section 16 (provisions relating to leases)—

• (a) in subsection (2A)—

• (i) paragraph (a) and the word “and” immediately following it are repealed; and

• (ii) in paragraph (b), for the words from “other” to “subsection)”, substitute “ lease (other than the lease of a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993 (c.44)) ”;

• (b) in subsection (3)(b)—

• (i) at the beginning insert “ subject to subsection (3A) ”; and

• (ii) sub-paragraph (ib) is repealed; and

• (c) after subsection (3) insert—

(3A) In the case of an interest in 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), the period for the purposes of subsection (3)(b) is 24 months.

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