Law Reform (Miscellaneous Provisions) (Scotland) Act 1968

the landlord shall be entitled to recover from the crofter or, as the case may be, from the executor of the deceased crofter compensation for any deterioration of, or damage to, any fixed equipment provided by the landlord committed or permitted by the crofter or, as the case may be, by the deceased crofter or his executor.

• (7) The amount of the compensation payable under the last foregoing subsection shall be the cost, as at the date of the crofter’s quitting the croft, or as the case may be, of the termination of the tenancy, of making good the deterioration or damage; and the landlord shall be entitled to set off the amount so payable against any compensation payable by him in respect of permanent improvements.

• (8) The amount of the compensation payable under subsection (1) or subsection (6) of this section shall, failing agreement, be fixed by the Land Court.

• (9) Where—

• (a) a crofter has given notice of renunciation of his tenancy, or

• (b) the landlord of the croft either gives to the executor of a deceased crofter, or receives from such an executor, notice terminating the tenancy of the croft in pursuance of section 16(3) of the Succession (Scotland) Act 1964,

the Land Court may, on the joint application of the crofter or, as the case may be, the executor of the deceased crofter and the landlord or, where the crofter’s rights to compensation for permanent improvements have been transferred in whole or in part under section twenty-three of this Act to the Secretary of State, on the joint application of the Secretary of State and the landlord, assess prior to the renunciation or, as the case may be, the termination the amounts which will on renunciation or termination become due under this section by the landlord by way of compensation for permanent improvements and by the crofter or executor by way of compensation for deterioration or damage; and the amounts so assessed shall, on renunciation or, as the case may be, termination, become due accordingly.

• (10) Nothing in this Act shall affect the provisions of the Agricultural Holdings (Scotland) Act 1949 with respect to the payment to outgoing tenants of compensation for improvements:

• (a) where any improvements are valued under that Act with a view to the payment of compensation to a crofter or to the executor of a deceased crofter, the valuation shall, unless the landlord and the crofter or executor otherwise agree in writing, be made by the Land Court; and

• (b) compensation shall not be payable under that Act for an improvement for which compensation is payable under this Act.

• (11) Notwithstanding anything in this section—

• (a) a crofter who immediately before the commencement of this Act was a statutory small tenant, or

• (b) the statutory successor of such a crofter, or

• (c) the executor of such a crofter or of such a statutory successor,

shall not be entitled, in respect of any permanent improvement made or begun before the commencement of this Act, to any compensation to which he would not have been entitled if his tenancy had expired immediately before the commencement of this Act.

The Crofters (Scotland) Act 1961(9 & 10 Eliz. 2. c. 58)

Section 6

6

• (1) The amount of any compensation payable under subsection (1) of section fourteen of the Act of 1955 to a crofter who renounces his tenancy or is removed from his croft after the commencement of this Act, or to the executor of a deceased crofter, in respect of a permanent improvement on the croft shall be a sum equal to—

• (a) the value of that improvement as at the date when—

• (i) the crofter renounced his tenancy, or

• (ii) the crofter was removed from the croft, or

• (iii) the tenancy of the croft was terminated in pursuance of section 16(3) of the Succession (Scotland) Act 1964,

as the case may be, calculated in accordance with the provisions of the next following subsection, less

• (b) the value of any assistance or consideration which may be proved to have been given by the landlord of the croft or any of his predecessors in title in respect of the improvement.

• (2) For the purposes of the foregoing subsection, the value of an improvement on any croft shall be taken to be the amount, if any, which, having regard to the location of the croft and any other circumstances which might affect the demand for the tenancy thereof, the landlord might reasonably be expected to receive in respect of the improvement from a person who might reasonably be expected to obtain the tenancy of the croft if the croft were offered on the open market for letting as a separate croft with entry on the date referred to in paragraph (a) of the foregoing subsection.

• (3) Where compensation falls to be assessed under the two foregoing subsections in respect of any permanent improvement on a croft and the amount of such compensation is fixed or assessed by the Land Court under subsection (8) of section fourteen of the Act of 1955 or paragraph (a) of subsection (9) of section nineteen of that Act or paragraph (a) of subsection (3) of section nine of this Act, then if the crofter or, as the case may be, the executor of the deceased crofter is qualified as mentioned in the next following subsection he may request the Land Court to determine the amount which would have been payable by way of compensation in respect of that improvement if this Act had not been passed, and if the amount last mentioned is greater than the amount fixed or assessed by the Land Court as aforesaid, the difference between the two said amounts shall be payable to the crofter or executor by the Secretary of State:

• (a) the Secretary of State shall be entitled to set off any amount due to him by the crofter or, as the case may be, the executor of the deceased crofter in respect of a loan made under subsection (2) or (3) of section twenty-two of the Act of 1955 or subsection (7) of section seven or section nine of the Act of 1911 against any sum payable to the crofter or executor by the Secretary of State under this subsection; and

• (b) this subsection shall not apply where compensation in respect of the improvement in question has on a previous occasion fallen to be assessed under the two foregoing subsections.

• (4) The reference in the last foregoing subsection to a crofter who is qualified is a reference to a crofter—

• (a) whose tenancy of the croft in question began before the commencement of this Act, or

• (b) who holds the tenancy of such croft as statutory successor to his immediate predecessor in the tenancy and each of whose predecessors (being in each case a person whose tenancy of the croft began after the commencement of this Act) held such tenancy as statutory successor to his immediate predecessor,

and for the purposes of the said subsection the executor of a deceased crofter shall be deemed to be qualified if the deceased crofter would have been qualified as mentioned in the foregoing provisions of this subsection.

• (5) The Act of 1955 shall have effect subject to the amendments specified in Part I of the First Schedule to this Act, being amendments consequential on the foregoing provisions of this section.

• (6) Subsections (4) and (5) of section fourteen of the Act of 1955 (which relate to the assessment of compensation for improvements) shall cease to have effect, except in relation to the assessment of compensation in respect of permanent improvements which has become payable by reason of the termination of the tenancy of a croft occurring before the commencement of this Act, or the renunciation of his tenancy by a cottar, or the removal of a cottar from his subject, before such commencement.

The Succession (Scotland) Act 1964(1964 c. 41)

Section 16

16

• (1) This section applies to any interest, being the interest of a tenant under a lease, which is comprised in the estate of a deceased person and has accordingly vested in the deceased’s executor by virtue of section 14 of this Act; and in the following provisions of this section “interest" means an interest to which this section applies.

• (2) Where an interest—

• (a) is not the subject of a valid bequest by the deceased, or

• (b) is the subject of such a bequest, but the bequest is not accepted by the legatee, or

• (c) being an interest under an agricultural lease, is the subject of such a bequest, but the bequest is declared null and void in pursuance of section 16 of the Act of 1886 or section 20 of the Act of 1949 or becomes null and void under section 10 of the Act of 1955,

and there is among the conditions of the lease (whether expressly or by implication) a condition prohibiting assignation of the interest, the executor shall be entitled, notwithstanding that condition, to transfer the interest to any one of the persons entiitled to succeed to the deceased’s intestate estate, or to claim legal rights or the prior rights of a surviving spouse out of the estate, in or towards satisfaction of that person’s entitlement or claim; but shall not be entitled to transfer the interest to any other person without the consent—

• (i) in the case of an interest under an agricultural lease, being a lease of a croft within the meaning of section 3(1) of the Act of 1955, of the Crofters Commission;

• (ii) in any other case, of the landlord.

• (3) If in the case of any interest—

• (a) at any time the executor is satisfied that the interest cannot be disposed of according to law and so informs the landlord, or

• (b) the interest is not so disposed of within a period of one year or such longer period as may be fixed by agreement between the landlord and the executor or, failing agreement, by the sheriff on summary application by the executor—

• (i) in the case of an interest under an agricultural lease which is the subject of a petition to the Land Court under section 16 of the Act of 1886 or an application to that court under section 20 of the Act of 1949, from the date of the determination or withdrawal of the petition or, as the case may be, the application,

• (ia) in the case of an interest under an agricultural lease which is the subject of an application by the legatee to the Crofters Commission under section 10(1) of the Act of 1955, from the date of any refusal by the Commission to determine that the bequest shall not be null and void,

• (ib) in the case of an interest under an agricultural lease which is the subject of an intimation of objection by the landlord to the legatee and the Crofters Commission under section 10(3) of the Act of 1955, from the date of any decision of the Commission upholding the objection,

• (ii) in any other case from the date of death of the deceased,

either the landlord or the executor may, on giving notice in accordance with the next following subsection to the other, terminate the lease (in so far as it relates to the interest) notwithstanding any provision therein, or any enactment or rule of law, to the contrary effect.

• (4) The period of notice given under the last foregoing subsection shall be—

• (a) in the case of an agricultural lease, such period as may be agreed, or, failing agreement, a period of not less than one year and not more than two years ending with such term of Whitsunday or Martinmas as may be specified in the notice; and

• (b) in the case of any other lease, a period of six months;

• (5) Subsection (3) of this section shall not prejudice any claim by any party to the lease for compensation or damages in respect of the termination of the lease (or any rights under it) in pursuance of that subsection; but any award of compensation or damages in respect of such termination at the instance of the executor shall be enforceable only against the estate of the deceased and not against the executor personally.

• (6) Where an interest is an interest under an agricultural lease, and—

• (a) an application is made under section 3 of the Act of 1931 or section 13 of the Act of 1955 to the Land Court for an order for removal, or

• (b) a reference is made under section 27(2) of the Act of 1949 to an arbiter to determine any question which has arisen under section 25(2)(f) of that Act in connection with a notice to quit,

the Land Court shall not make the order, or, as the case may be, the arbiter shall not make an award in favour of the landlord, unless the court or the arbiter is satisfied that it is reasonable, having regard to the fact that the interest is vested in the executor in his capacity as executor, that it should be made.

• (7) Where an interest is not an interest under an agricultural lease, and the landlord brings an action of removing against the executor in respect of a breach of a condition of the lease, the court shall not grant decree in the action unless it is satisfied that the condition alleged to have been breached is one which it is reasonable to expect the executor to have observed, having regard to the fact that the interest is vested in him in his capacity as an executor.

• (8) Where an interest is an interest under an agricultural lease and is the subject of a valid bequest by the deceased, the fact that the interest is vested in the executor under the said section 14 shall not prevent the operation, in relation to the legatee, of paragraphs (a) to (h) of section 16 of the Act of 1886, or, as the case may be, subsections (2) to (7) of section 20 of the Act of 1949, or as the case may be, subsections (2) to (7) of section 10 of the Act of 1955.

• (9) In this section—

• “agricultural lease” means a lease of a holding within the meaning of the Small Landholders (Scotland) Acts 1886 to 1931 or of the Act of 1949, or a lease of a croft within the meaning of section 3(1) of the Act of 1955;

• “the Act of 1886” means the Crofters Holdings (Scotland) Act 1886;

• “the Act of 1931” means the Small Landholders and Agricultural Holdings (Scotland) Act 1931;

• “the Act of 1949” means the Agricultural Holdings (Scotland) Act 1949;

• “the Act of 1955” means the Crofters (Scotland) Act 1955;

• “lease” includes tenancy.

In section 7, the words “ not exceeding one acre ”.

In section 4(2), the words “ adultery or ”.

In Schedule 2, in paragraph 1, the words “ (other than the tenancy of any croft within the meaning of section 3 of the Crofters (Scotland) Act 1955) ”.

Editorial notes

[^c6903401]: The text of ss. 1–4, 7, 8, 19, 22, Sch. 1, Sch. 2 Pt. I paras. 22–29, Pt. II (in part) and Sch. 3 was taken from SIF Group 116:2 (Succession: Confirmation, Scotland); ss. 5, 6, 22(1)(2)(4)(5) from SIF Group 49:8 (Family Law: Legitimacy and Age of Majority, Scotland); ss. 9–17, 22(1)(2)(4)(5) from SIF Group 47 (Evidence) and ss. 1–3, 16, 18–21, 22(1)(2)(4)(5), Sch. 1, Sch. 2 Pt. I, Sch. 3 from SIF Group 128 (Trusts and Liferents, Scotland); Provisions ommitted from SIF have been dealt with as referred to in other commentary.

[^c6903411]: Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

[^c6903421]: Act partly in force at 25.11.1968 see s. 22(5), Act wholly in force at 1.1.1969

[^c6903431]: Ss. 1–6 repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

[^c6903461]: 1964 c. 41.

[^c6903471]: 1955 c. 21.

[^c6903481]: 1961 c. 58.

[^c6903491]: S. 9 repealed by Civil Evidence (Scotland) Act 1988 (c. 32, SIF 47), s. 10(1)(3), Sch.

[^c6903771]: S. 10 extended by Fair Trading Act 1973 (c. 41), s. 36(1)

[^c6903781]: S. 10 extended by S.R. 1983/153, art. 18 and S.I. 1983/887, art. 18

[^c6903791]: S. 10 explained (1.4.1996) by 1995 c. 43, s. 46(13)

[^c6903801]: S. 10 extended (31.3.1996) by 1995 c. 20, s. 112(13) (which s. 112 was repealed (1.4.1996) by 1995 c. 40, ss. 4, 6(1), Sch. 3 Pt. II para. 16(3), Sch. 5) S. 10 extended (20.6.2003) by 2002 c. 40, ss. 228(1)(b), 279; S.I. 2003/1397, art. 2, Sch.

[^c20884471]: Words in s. 10(1) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 2, Sch. 1 para. 6(2)

[^c20884491]: Words in s. 10(2) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 2, Sch. 1 para. 6(3)

[^c6903811]: Words in s. 10(5)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 37

[^c20884511]: S. 10(5)(aa) inserted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 2, Sch. 1 para. 6(4)

[^c6903821]: Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

[^c6903831]: 1975 c. 21.

[^c6903841]: 1950 c. 7 (N.I.).

[^c20884731]: S. 10(6) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 2, Sch. 1 para. 6(5) (with Sch. 2 para. 2)

[^c6903891]: S. 11(1)(b) and word “and" immediately preceding it repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(2), Sch. 2

[^c6903911]: Words repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(2), Sch. 2

[^c6903971]: Words substituted by Divorce (Scotland) Act 1976 (c. 39), Sch. 1 para. 4

[^c6903981]: S. 11(6)(b) repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), ss. 9, 10(2), Sch. 2

[^c6903991]: Words in S. 12(1)(2) substituted (4.9.1996) by 1996 c. 31, ss. 12(2), 19 (with s. 20(2))

[^c6904031]: S. 12(2A) inserted (4.9.1996) by 1996 c. 31, ss. 12(2), 19 (with s. 20(2))

[^c20884751]: Words in s. 12(3) substituted (31.10.2009) by The Armed Forces Act 2006 (Consequential Amendments) Order 2009 (S.I. 2009/2054), art. 2, Sch. 1 para. 6(6)

[^c6904041]: Ss. 13–16 repealed by Civil Evidence (Scotland) Act 1988 (c. 32, SIF 47), s. 10(1)(3), Sch.

[^c6904051]: Definition repealed by Civil Evidence (Scotland) Act 1988 (c. 32, SIF 47), s. 10(1)(3), Sch.

[^c6904061]: S. 17(4) applied by 1988 c. 52, s. 46B(4) (as inserted (11.4.2003) by 1999 c. 12, ss. 4, 9(2); S.I. 2003/1095, art. 2)

[^c6904071]: S. 17(4) applied by Finance Act 1988 (c. 39, SIF 63:1), s. 127(5)(a)

[^c6904081]: S. 17(4) applied (1.9.1994) by 1994 c. 22, s. 52(4)(b)(5) (with s. 57(4))

[^c6904091]: S. 17(4) applied by 1969 c. 27, s. 27(4)(b) (as substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para. 5(3) (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art. 2)

[^c6904101]: S. 17(4) applied by 1994 c. 22, s. 52(4) (as substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para. 19 (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art. 2)

[^c20884281]: S. 18(2)(c) repealed (28.11.2004) by 2000 asp 5, ss. 76(2), 77(2), Sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^c6904141]: 1848 c. 36.

[^c6904151]: 1921 c. 58.

[^c6904161]: The text of ss. 19–21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c6904171]: 1964 c. 41.

[^c6904181]: The text of ss. 19–21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c6904191]: 1940 c. 42.

[^c6904201]: The text of ss. 19–21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c6904211]: 1871 c. 31.

[^c6904221]: 1955 c. 21.

[^c6904231]: 1964 c. 41.

[^c6904241]: Power of appointment conferred by s. 22(5) fully exercised: S.I. 1968/1958, 1969/1609

[^c6904251]: Sch. 1 repealed by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(2), Sch. 2

[^c6904271]: 1964 c. 41

[^c6904261]: The text of Sch. 2 Pt. I and Pt II (except the entry relating to s. 16 of the Succession (Scotland) Act 1964)) and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c6904291]: 1964 c. 41

[^c6904301]: 1964 c. 41

[^c6904311]: 1961 c. 58

[^c6904321]: 1961 c. 58

[^c6904331]: 1964 c. 41

[^c6904341]: 1964 c. 41

[^c6904351]: 1964 c. 41

[^c6904361]: 1949 c. 75

[^c6904371]: 1964 c. 41

[^c6904381]: 1886 c. 29

[^c6904391]: 1931 c. 44

[^c6904401]: 1949 c. 75

[^c6904411]: 1955 c. 21

[^c6904281]: The text of Sch. 2 Pt. I and Pt II (except the entry relating to s. 16 of the Succession (Scotland) Act 1964)) and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c6904421]: The text of Sch. 2 Pt. I and Pt II (except the entry relating to s. 16 of the Succession (Scotland) Act 1964)) and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^key-07c1128c642a77eefa1e4c7dee3eace0]: S. 7 repealed (1.11.2016) by Succession (Scotland) Act 2016 (asp 7), s. 31(2), sch. para. 2; S.S.I. 2016/210, reg. 2(1)(b) (with reg. 3(5))