Crofters (Scotland) Act 1993

of their direction on an application made to them under the said section 24(3) or subsection (4) above, specifying the nature of and the reasons for the direction and, as the case may be, for any conditions imposed in the direction.

• (8) As regards—

• (a) a direction (including a condition in a direction) by the Commission on an application—

• (i) under section 24(3) of this Act, the applicant or any member of the crofting community in the locality of the land;

• (ii) under subsection (4) above, the applicant or the owner of the land,

may within 42 days after the giving of public notification of the making of the direction;

• (b) a modification under subsection (3B) above, of a condition which relates to land, the owner, or any tenant of the land or any member of the crofting community in the locality of the land, may within 42 days after the giving of public notification of the modification; or

• (c) a further direction under subsection (3) above, the owner, or any tenant, of the land, may within 42 days after the making of that direction,

appeal ..., on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court.

• (8A) For the purposes of this section, the references in section 52A(3) to a “direction” are to be construed as including references to a modification.

• (8B) In an appeal under subsection (8) above the Court may—

• (a) confirm or revoke the direction or modification;

• (b) direct the Commission to make a different direction or modification; or

• (c) remit the case to the Commission without so directing them.

• (9) The Commission shall give effect to the determination of the Land Court on an appeal under subsection (8) above.

Provisions as to removal of crofter

26

• (1) When—

• (a) one year’s rent of a croft is unpaid, ...

• (b) a crofter has broken one or more of the statutory conditions (other than the condition as to payment of rent), or

• (c) a crofter has breached any duty mentioned in section 5AA, 5B or 5C,

the Land Court may, on the application of the landlord and after considering any objections stated by the crofter, make an order —

• (i) terminating the tenancy;

• (ii) declaring the croft to be vacant; and

• (iii) for the removal of the tenant from the croft

• (1A) For the purposes of paragraph (c) of subsection (1)—

• (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 paragraph (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.

• (2) When a crofter whose rights to compensation for permanent improvements have been transferred in whole or in part to the Secretary of State under section 43 of this Act—

• (a) has abandoned his croft; or

• (b) has broken any of the statutory conditions (other than the condition as to payment of rent); or

• (c) has broken any of the conditions of repayment of a loan contained in the agreement for the loan;

the Land Court may, on the application of the Secretary of State and after considering any objections stated by the crofter or the landlord, make an order for the removal of the crofter.

• (3) If a crofter is removed from his croft (whether by virtue of this section or by virtue of section 5A or 26H of this Act) , the landlord shall be entitled to set off all rent due or to become due against any sum found to be due by the landlord to the crofter or to the Secretary of State for permanent improvements made on the croft.

Subletting of crofts

Provisions as to right to sublet

27

• (1) Notwithstanding any enactment or rule of law, a crofter shall be entitled to sublet his croft , for a period not exceeding 10 years, without the consent of the landlord of the croft.

• (2) A crofter shall not sublet his croft otherwise than with the consent in writing of the Commission and in accordance with such conditions (which shall not include conditions relating to rent) as the Commission in giving their consent may impose; and any sublease of his croft granted by a crofter otherwise than as aforesaid shall be null and void:

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The Commission may, in giving their consent to a proposed sublease of a croft, impose such conditions (other than any relating to rent) as they may think fit.

Special provisions regarding subletting of crofts not adequately used

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous provisions regarding subleases of crofts

29

• (1) Subject to subsection (2) below, the subtenant under a sublease of a croft shall not be held to be

• (a) a crofter; or

• (b) the tenant under a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or under a lease constituting a short limited duration tenancy or a limited duration tenancy (within the meaning of that Act).

• (2) Where under a sublease of any croft a right in any common grazing is let to the subtenant, and the sublease is one which-

• (a) has been intimated to the Commission under section 11(1)(a) or (b) of the Crofters (Scotland) Act 1961; or

• (b) has been granted by the crofter with the consent of the Commission and in accordance with any conditions imposed by them, as mentioned in section 27(2) of this Act, or

• (c) has been granted by the crofter in accordance with proposals submitted to the Commission under section 28(4) of this Act and approved by them, or

• (d) has been granted under section 28(7) of this Act by the Commission,

the subtenant shall come in place of the crofter in relation to any matter which concerns such right, and any grazings regulations applicable to such common grazing shall apply to the subtenant accordingly.

• (2A) The conditions of let must specify that the crofter shall give the subtenant not less than 6 months written notice of any intention to assign, exchange or divide the croft and that the sublease shall come to an end on such assignation, exchange or division.

• (3) Where the tenancy of a croft is terminated, any sublease of that croft subsisting immediately before the date of such termination shall come to an end on that date:

• (3A) Where the tenancy of a croft is terminated by virtue of the death of the crofter, the Commission shall, as part of their consideration in determining whether to make an order under the proviso to subsection (3) above and if so what period of occupation to permit—

• (a) consult the deceased crofter's executor; and

• (b) have regard in particular to such hardship as might, according to what they decide, be occasioned—

• (i) the former subtenant; or

• (ii) an assignee or transferee of the interest of tenant,

• (4) In this section and in sections 27 and 28 of this Act any reference to a croft shall include a reference to a part of a croft.

Compensation for improvements and for deterioration or damage

Compensation to crofter for improvements

30

• (1) Where—

• (i) a crofter renounces his tenancy or is removed from his croft, or

• (ii) the tenancy of a croft, being a tenancy the interest of the tenant under which is comprised in the estate of a deceased crofter, is terminated in pursuance of section 16(3) of the 1964 Act,

the crofter or, as the case may be, the executor of the deceased crofter shall, subject to the provisions of this Act, be entitled to compensation for any permanent improvement made on the croft if—

• (a) the improvement is suitable to the croft; and

• (b) the improvement was executed or paid for by the crofter or, as the case may be, the deceased crofter, or any of the predecessors of the crofter or of the deceased crofter in the tenancy; and

• (c) either the improvement was executed otherwise than in pursuance of a specific agreement in writing under which the crofter or, as the case may be, the deceased crofter was bound to execute the improvement or, if the improvement was executed in pursuance of such an agreement, the crofter has not received or, as the case may be, the deceased crofter did not receive and his executor has not received, by way of reduction of rent or otherwise, fair consideration for the improvement.

• (2) Where—

• (a) a person on becoming the tenant of a croft has with the consent of the landlord paid to the outgoing tenant any compensation due to him in respect of any permanent improvement ...; or

• (b) on a person becoming the tenant of a croft the Secretary of State on his behalf has paid to the landlord a sum representing the value to such person of an existing improvement on the croft;

such person shall for the purposes of subsection (1) above be deemed to have executed or paid for the improvement.

For the purposes of paragraph (a) above, a landlord who has not paid the compensation due ... to the outgoing tenant ... to the Secretary of State by virtue of subsection (3) of that section shall be deemed to be a loan by the Secretary of State to him shall be deemed to have given his consent.

• (3) Subsection (1) above shall not apply to any buildings erected by a crofter in contravention of any interdict or other judicial order.

• (4) The amount of the compensation payable under subsection (1) above shall, failing agreement, be fixed by the Land Court.

• (5) Nothing in this Act shall affect the provisions of the Agricultural Holdings (Scotland) Act 1991 or of the Agricultural Holdings (Scotland) Act 2003 (asp 11) with respect to the payment to outgoing tenants of compensation for improvements:

• (a) where any improvements are valued under either of those Acts 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 either of those Acts for an improvement for which compensation is payable under this Act.

• (6) Notwithstanding anything in this section—

• (a) a crofter who immediately before 1st October 1955 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 1st October 1955, to any compensation to which he would not have been entitled if his tenancy had expired immediately before 1st October 1955.

• (6A) Subject to subsection (6B) below, in this Act “improvement” does not include anything erected or carried out wholly for—

• (a) putting a croft to such other purposeful use as is mentioned in section 5C(2)(a)(ii) of this Act; or

• (b) using part of a common grazing for a purpose other than is mentioned in paragraph (a) or (b) of section 50B(1) of this Act.

• (6B) Subsection (6A) above does not apply if—

• (a) in any written consent given under section 5C(4)(a) of this Act as respects the use in question, the landlord agrees that the subsection should not apply; or

• (b) before the Commission approve under section 50B(11) of this Act implementation of the proposal for the use in question, the owner gives written intimation to the proposer that, as respects that use, he so agrees.

• (7) In this Act “permanent improvement” means any of the improvements specified in Schedule 3 to this Act:

Permanent improvements made on crofts for purposes of subsidiary or auxiliary occupations

31

• (1) A crofter may erect any buildings or other structures, or execute any works, on his croft which—

• (a) are reasonably required to enable him to make use of the croft for any subsidiary or auxiliary occupation in accordance with section 5C(2)(a)(ii) of this Act, and

• (b) will not interfere substantially with the use of the croft as an agricultural subject.

• (2) Any buildings or other structures erected, or any works executed, under subsection (1) above on any croft shall, if in the case of any such buildings or structures they are fixtures on the land, be permanent improvements on the croft and shall be deemed to be suitable to the croft for the purposes of section 30(1)(a) of this Act.

• (3) The provisions of subsection (2) above shall apply in relation to buildings or other structures erected, or works executed, on any croft before 27th August 1961 if such buildings, structures or works could have been erected or executed under subsection (1) above if the said subsection (1) had then been in force:

Assessment of compensation for improvements

32

• (1) The amount of any compensation payable under section 30(1) of this Act to a crofter who renounces his tenancy or is removed from his croft, 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 1964 Act,

as the case may be, calculated in accordance with subsection (2) below, 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 subsection (1) above, 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 with entry on the date referred to in subsection (1)(a) above.

• (3) Where—

• (a) compensation falls to be assessed under subsections (1) and (2) above in respect of any permanent improvement on a croft; and

• (b) the amount of such compensation is fixed or assessed by the Land Court under section 30(4) or 39(3)(a) of this Act,

then, if the crofter, or (as the case may be) the executor of the deceased crofter, is qualified as mentioned in subsection (4) below, 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 the Crofters (Scotland) Act 1961 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 section 22(2) or (3) of the 1955 Act, section 42(4) or (5) of this Act or section 7(7) or section 9 of the Small Landholders (Scotland) Act 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 subsections (1) and (2) above.

• (4) The reference in subsection (3) above to a crofter who is qualified is a reference to a crofter—

• (a) whose tenancy of the croft in question began before 27th August 1961, 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 on or after 27th August 1961) 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.

Record of improvements

33

• (1) The Land Court shall, on the application of the landlord or the crofter, make a record of the condition of the cultivation of a croft and of the buildings and other permanent improvements thereon, and by whom the permanent improvements have been executed or paid for.

• (2) Any application under this section shall be intimated by the Land Court to the other party concerned and each party shall be given an opportunity of being heard on any matter affecting the record of the croft.

Compensation to landlord for deterioration or damage

34

• (1) Where—

• (a) a crofter renounces his tenancy or is removed from his croft, or

• (b) the tenancy of a croft, being a tenancy the interest of the tenant under which is comprised in the estate of a deceased crofter, is terminated in pursuance of section 16(3) of the 1964 Act,

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.

• (2) The amount of the compensation payable under subsection (1) above 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.

• (3) The amount of the compensation payable under subsection (1) above shall, failing agreement, be fixed by the Land Court.

Assessment of compensation for improvements or deterioration on joint application to Land Court

35

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 1964 Act,

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 43 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 sections 30 and 34 of this Act 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.

Compensation to cottar for improvements

36

• (1) Where a cottar if not paying rent is removed from his dwelling and any land or buildings occupied by him in connection therewith, or if paying rent renounces his tenancy or is removed, he shall be entitled to compensation for any permanent improvement if—

• (a) the improvement is suitable to the subject; and

• (b) the improvement was executed or paid for by the cottar or the cottar’s wife or husband or any predecessor of the cottar or of the cottar’s wife or husband; and

• (c) either the improvement was executed otherwise than in pursuance of a specific agreement in writing under which the cottar was bound to execute the improvement, or, if the improvement was executed in pursuance of such an agreement, the cottar has not received, by way of reduction of rent or otherwise, fair consideration for the improvement.

• (2) The amount of the compensation payable under subsection (1) above shall, failing agreement, be fixed by the Land Court, and sections 30(3) and 32(1) and (2) of this Act shall apply in relation to such cottar as they apply in relation to crofters.

• (3) Where the amount of the compensation payable under subsection (1) above is fixed by the Land Court under subsection (2) above, then, if the cottar is qualified as mentioned in subsection (4) below, he may request the Land Court to determine the amount which would have been payable by way of compensation in respect of the permanent improvement concerned if the Crofters (Scotland) Act 1961 had not been passed; and if the amount last mentioned is greater than the amount fixed by the Land Court as aforesaid, the difference between the two said amounts shall be payable to the cottar by the Secretary of State:

• (a) the Secretary of State shall be entitled to set off any amount due to him by the cottar in respect of a loan made under section 22(2) of the 1955 Act, section 42(4) of this Act or section 9 of the Small Landholders (Scotland) Act 1911 against any sum payable to the cottar 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 section 32(1) and (2) of this Act as applied by subsection (2) above.

• (4) The reference in subsection (3) above to a cottar who is qualified is a reference to a cottar—

• (a) whose occupation of the subject in question began before 27th August 1961; or

• (b) who occupies such subject as heir-at-law, legatee or assignee of his immediate predecessor as occupier of the subject, and each of whose predecessors (being in each case a person whose occupation of the subject began on or after 27th August 1961) occupied the subject as heir-at-law, legatee or assignee of his immediate predecessor.

• (5) In this section “predecessor”, in relation to a cottar or to the wife or husband of a cottar, means any person to whom the cottar or the wife or husband of the cottar might, failing nearer heirs, have succeeded in case of intestacy.

Compulsory acquisition of croft

Crofter’s right to share in value of land taken possession of compulsorily

37

• (1) Where in pursuance of any enactment providing for the acquisition and taking of possession of land compulsorily by any person (in this section referred to as an “acquiring authority”), an acquiring authority acquire and take possession of a croft or a part thereof from a crofter, the crofter shall be entitled to receive from the acquiring authority, in addition to any compensation payable to him under section 114 of the Lands Clauses Consolidation (Scotland) Act 1845, a share in the value of the land of which possession has been taken, the amount whereof shall be one half of the difference between, subject to subsection (4) below, the market value of the land (on the date on which such possession is taken) as determined by the Land Court in accordance with subsection (2) below (less any compensation payable as aforesaid) and the crofting value thereof.

• (2) The market value for the purposes of subsection (1) above shall be a sum equal to the amount which the land, if sold in the open market by a willing seller, might be expected to realise assuming that the land were not land to which this Act applies.

• (3) Section 21(4) of this Act shall apply to land which has been taken possession of compulsorily by an acquiring authority as it applies to land of which the Land Court has authorised resumption.

• (4) For the purposes of this section, where any development has been carried out by any person, other than the crofter or any of his predecessors in the tenancy, on the land referred to in subsection (1) above before the land has been acquired by and taken possession of by the acquiring authority, there shall be deducted from the market value such amount thereof as, in the opinion of the Land Court, is attributable to that development.

• (5) In this section “crofting value”, in relation to land which has been taken possession of compulsorily, has the same meaning as it has in section 14 of this Act in relation to croft land.

Reorganisation schemes

Reorganisation schemes

38

• (1) Where in relation to any township the Commission—

• (a) either of their own accord or on representations made to them by a crofter who is the tenant of a croft situated in the said township or by the landlord of such a croft or by a grazings committee appointed under section 47 of this Act in respect of common grazings shared in by any such crofter, and

• (b) after such consultation as is reasonably practicable with the tenants and the landlords of crofts situated in the township and with any grazings committee appointed as aforesaid, and

• (c) after making such inquiries as they think fit,

are satisfied that the township ought to be reorganised in order to secure the preservation or the better development thereof, they may prepare a provisional draft of a scheme (in this Act referred to as a “reorganisation scheme”) for the reorganisation of the township.

• (1A) Before proceeding to prepare a provisional draft reorganisation scheme the Commission must give intimation in writing to each of the persons mentioned in subsection (10) below that the Commission are satisfied as is mentioned in subsection (1) above and that they intend so to proceed.

• (2) A reorganisation scheme shall provide for the re-allocation of the land in the township in such manner as is, in the opinion of the Commission, most conducive to the proper and efficient use of that land and to the general benefit of the township, so, however, that under the scheme every crofter who is the tenant of a croft situated in the township and who so wishes shall be granted the tenancy of a croft and that such croft shall—

• (a) if the crofter so wishes, include any dwelling-house which formed part of the croft of which he was tenant immediately before the date on which the scheme was put into effect, and

• (b) if he so wishes, be of a value not less than that of the croft of which he was tenant as aforesaid.

• (3) A reorganisation scheme may, if the Commission—

• (a) obtain the prior written consent of the Scottish Ministers, make provision with respect to the inclusion of any land in the vicinity of the township, being land to which this Act does not apply, which in the opinion of the Commission ought to be used for the enlargement of crofts in the township or of a common grazing used exclusively, or shared in, by the township;

• (b) think fit, make provision with respect to all or any of the following matters—

• (i) the admission into the township of new crofters and the allocation to them of shares in the common grazing;

• (ii) the apportionment for the exclusive use of the township of a part of any common grazing in which it shares;

• (iii) the inclusion in any croft formed under the scheme of a part of the common grazing or of any land held in runrig;

• (iv) any other matter incidental to or consequential on the provisions of the scheme.

• (4) For the purposes of a reorganisation scheme , or provisional draft or draft of such a scheme, the Commission shall prepare such maps and plans as may be necessary to indicate the general effect of the scheme or, as the case may be, of the provisional draft or draft, and its effects on each of the crofts in the township.

• (5) Where, in relation to any township, the Commission prepare a provisional draft reorganisation scheme under subsection (1) above, they shall serve on each of the persons mentioned in subsection (10) below a copy of the provisional draft together with a notice—

• (a) naming a place within the locality in which the township is situated where a copy of the maps and plans prepared by the Commission under subsection (4) above in relation to the provisional draft scheme may be inspected at all reasonable hours;

• (b) inviting the person on whom the provisional draft and notice are served, within two months of the date of such service, to make in writing to the Commission such comments as they may wish to make on the provisional draft, maps or plans.

Where any crofter on whom such a notice as aforesaid has been served fails to comply with the request contained in such notice, he shall for the purposes of this section be deemed to have intimated to the Commission in compliance with the said request that he is in favour of the scheme.

• (6) Where, having taken into account comments (if any) made to them by virtue of subsection (5) above, the Commission are still satisfied as mentioned in subsection (1) above, they shall—

• (a) prepare a draft reorganisation scheme in relation to the township taking into account such comments;

• (b) serve on each of the persons mentioned in subsection (10) below a copy of the draft scheme together with a notice—

• (i) naming a place within the locality in which the township is situated where a copy of any maps and plans prepared by the Commission under subsection (4) above in relation to the draft scheme may be inspected at all reasonable hours; and

• (ii) requesting that the person on whom the draft and notice are served, within one month after the date of such service, intimates to the Commission in writing whether or not that person is in favour of the draft scheme.

• (7) Where any person on whom a notice has been served under subsection (6) above fails to comply with the request contained in the notice, that person shall for the purposes of this section be deemed to have intimated to the Commission, in compliance with the request, that the person is in favour of the draft scheme.

• (8) If, within the period of one month mentioned in subsection (6)(b)(ii) above, a majority of the crofters on whom a copy of a draft reorganisation scheme and a notice have been served under that subsection have intimated to the Commission, in compliance with the request contained in the notice, that they are in favour of the draft scheme, the Commission shall, where they remain satisfied as mentioned in subsection (1) above—

• (a) prepare a reorganisation scheme in relation to the township; and

• (b) serve on each of the persons mentioned in subsection (10) below a copy of the scheme together with a notice—

• (i) naming a place within the locality in which the township is situated where a copy of any maps and plans prepared by the Commission under subsection (4) above in relation to the scheme may be inspected at all reasonable hours; and

• (ii) advising of the right of appeal to the Land Court under section 38A of this Act against the Commission's decision to reorganise the township or the scheme and of the time limit within which an appeal may be made.

• (9) For the purposes of section 38A of this Act, the Commission's proceeding, under subsection (8)(a) above, to prepare a reorganisation scheme shall be taken to comprise their decision to reorganise the township.

• (10) The persons referred to in subsections (1A), (5), (6)(b) and (8)(b) above and section 38A(3)(b) of this Act are—

• (a) each crofter who is the tenant of a croft situated in the township;

• (b) the landlord of each such croft;

• (c) each grazings committee appointed under section 47 of this Act in respect of any common grazing shared in by each such crofter;

• (ca) each owner-occupier crofter whose croft is situated in the township;

• (d) each person occupying land which is contiguous to a croft situated in the township;

• (e) the owner of, and each person who holds shares in, a common grazing associated with the township;

• (f) if the reorganisation scheme makes (or as the case may be is to make) provision with respect to the inclusion of such land as is mentioned in subsection (3)(a) above, the owner of, and each person occupying, that land.

• (11) The requirements of subsections (1A) and (6)(b)(ii) above that intimation be in writing and in subsection (5)(b) above that comments be made in writing are to be taken to be satisfied by—

• (a) the giving of intimation; or

• (b) as the case may be, the making of comments,

in a form other than writing which, by reason of its having some permanency, is capable of being used for subsequent reference (as, for example, a recording made on audio or video tape).

Putting into effect of reorganisation schemes

39

• (1) The Commission shall not take any steps in discharge of their duties or powers under this section in relation to a reorganisation scheme until (whichever first occurs)—

• (a) the period of 42 days mentioned in section 38A(1) of this Act has elapsed without any appeal to the Land Court under that section being made; or

• (b) every such appeal timeously made is—

• (i) decided and, where by virtue of subsection (3)(b)(i) of section 38A of this Act the Land Court has required modifications to be made to the scheme, those modifications have been made and the Commission have complied with subsection (3)(b)(ii) of that section; or

• (ii) abandoned.

• (1A) The Commission—

• (a) shall put into effect a reorganisation scheme—

• (i) prepared by them under section 38(8)(a); or

• (ii) where by virtue of subsection (3)(b)(i) of section 38A of this Act the Land Court has required modifications to be made to the scheme, of which they have served a copy by virtue of subsection (3)(b)(ii) of that section; and

• (b) may do all such things as are required for that purpose.

• (2) A reorganisation scheme shall be put into effect on such date as may be appointed by the Commission, and the Commission may appoint different dates in respect of different provisions of the scheme, and any reference in this Act to the date on which a reorganisation scheme is put into effect shall, in relation to any land, be construed as a reference to the date on which the provisions of that scheme which apply to such land are put into effect.

• (3) The Commission may remit the scheme to the Land Court to fix the sums which will become payable on the scheme being put into effect—

• (a) to each person who immediately before the said date was the tenant of a croft in the township, by way of compensation in respect of permanent improvements by reason of the termination of his tenancy by virtue of subsection (6) below;

• (b) by each person (whether or not he was immediately before the said date the tenant of a croft in the township) who under the scheme becomes the tenant of a croft, in respect of the permanent improvements on that croft; and

• (c) by way of rent in respect of each of the crofts formed under the scheme.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The rent fixed by the Land Court in pursuance of subsection (3)(c) above in respect of any croft shall not be altered, except by agreement between the landlord and the crofter, for a period of 7 years from the term at which it first became payable.

• (5A) Subsection (3A) of section 6 of this Act applies in relation to subsection (5) above as it applies in relation to the proviso to subsection (3) of that section.

• (6) For the purpose of putting into effect the provisions of a reorganisation scheme, the Commission shall serve on the tenant and on the landlord of every croft to which those provisions apply and on any person (other than such a tenant) who under the scheme is to become the tenant of a croft a notice specifying the date on which the scheme is to be put into effect, and where such notices have been served-—

• (a) every such tenant shall be deemed to have given notice renouncing the tenancy of his croft immediately before the said date; and

• (b) each person (whether or not such a tenant) who under the scheme is to become the tenant of a croft shall on that date become the tenant of that croft.

• (7) Where any buildings situated on land to which a reorganisation scheme applies will on the putting into effect of the scheme cease to be required in connection with the occupation of that land, the Commission shall... give notice to that effect to the landlord of the land, and thereupon subsections (7) and (8) of section 23 of this Act shall apply in relation to the buildings first mentioned as if the said notice had been a notice given under the said subsection (7) to the landlord by the Commission immediately before the date of the putting into effect of the scheme.

A notice given under this subsection to a landlord by the Commission shall inform the landlord of the effect of this subsection in relation to the buildings in respect of which the notice is given.

• (8) Where a reorganisation scheme provides, in pursuance of section 38(3)(a) of this Act, for the inclusion in the scheme of land in the vicinity of the township, the Commission shall serve—

• (a) on the occupier of any such land who is not the owner thereof, a copy of the scheme together with a notice terminating his interest in the land on the expiry of 3 months from the date of the service of the notice; and

• (b) on the owner of any such land a copy of the scheme together with a notice requiring him to enter into an undertaking that he will, on the date on which the scheme is put into effect, let the land in accordance with the provisions of the scheme , and shall send a copy of each notice served by them under this subsection to the Scottish Ministers .

• (9) Where the interest in any land of the occupier of that land is terminated in pursuance of subsection (8)(a) above, the Secretary of State shall be deemed to be authorised to purchase the said interest compulsorily and to have served notice to treat in respect thereof on the date on which the interest is terminated as aforesaid.

• (10) Where—

• (a) the owner of any land fails within 2 months from the date on which a notice is served on him under paragraph (b) of subsection (8) above to enter into such an undertaking as is mentioned in that paragraph or, having entered into such an undertaking, fails to let the land in accordance with the provisions of the scheme on the date on which the scheme is put into effect; or

• (b) the owner of any land to which any provision contained in a reorganisation scheme applies gives to the Secretary of State, within 2 months from the date on which notice is served on him under subsection (6) above , notice requiring the Secretary of State to purchase the land;

the Secretary of State shall be deemed to be authorised to purchase the said land compulsorily and to have served notice to treat in respect thereof immediately before the date on which the scheme is put into effect.

Any purchase of land under this subsection shall be deemed to be completed immediately before the date on which the scheme is put into effect, and the Secretary of State shall, as the landlord of such land, be liable to pay or, as the case may be, entitled to receive any such sum as is mentioned in subsection (3)(a) or (b) above which becomes payable on the said date and any sum payable on that date under section 34(1) of this Act by way of compensation for deterioration of, or damage to, fixed equipment on the land.

• (11) This section and section 38 of this Act shall, unless the context otherwise requires, apply in relation to a group of neighbouring townships as they apply in relation to a township.

Commission to obtain information and compile register of crofts

Obtaining of information by Commission

40

• (1) Without prejudice to any other provision of this Act whereby information may or shall be obtained by them, the Commission may by notice under this section served on the owner or the occupier of any holding , or on the executor of the person who most recently was the owner or occupier of any holding, require him to furnish them with such information as may be specified in the notice with regard to the extent, the rent and the tenure of the holding and with regard to such other matters relating to the ownership or the occupation of the holding as the Commission may reasonably require for the execution of their functions under this Act.

• (1A) The information mentioned in subsection (1) above includes the age and date of birth of the owner or occupier of the holding or such other person or class of person as may be specified in the notice.

• (2) If any owner, occupier or executor on whom a notice has been served under subsection (1) above—

• (a) fails without reasonable cause or neglects to furnish to the Commission within 3 months after the service of the notice the information specified in the notice; or

• (b) in furnishing such information as aforesaid knowingly or recklessly furnishes any information which is false in a material particular,

he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 1 on the standard scale.

• (3) Where the Commission impose a requirement under subsection (1) above, to provide information on any person making an application under this Act (the requirement being for the purposes of the application), the Commission may if they think fit decline to do anything in relation to the application until they are satisfied either that the requirement has been complied with or that it is not practicable to comply with the requirement.

• (4) If the Commission are satisfied that it is not practicable to comply with the requirement (the “original requirement”) they may modify it; and subsection (3) above shall apply in relation to the modified requirement as that subsection applies to the original requirement.

• (5) This section applies in relation to a common grazing as it applies in relation to a holding except that for the purposes of that application references in the section to an occupier of a holding are to be construed as references to a crofter who shares in the common grazing.

Register of Crofts

41

• (1) It shall be the duty of the Commission to compile and maintain the register known as the Register of Crofts .

• (2) There shall be entered in the Register of Crofts—

• (a) the name, location, rent and extent of every croft;

• (b) the name , age and date of birth of the tenant and the landlord of each croft;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ca) the landlord's address and, where the tenant's address is different from the address of the croft, the tenant's address;

• (cb) where the landlord's estate is managed on his behalf by another person, a statement that it is so managed and the name and address of that other person;

• (cc) where the tenant of a croft holds a right in a common grazing—

• (i) the location and boundaries of the grazing;

• (ii) the owner of the grazing and his address;

• (iii) any use of the grazing as woodlands by virtue of section 50, or of woodlands as part of the grazing by virtue of section 50A, of this Act; and

• (iv) any other use of the grazing, except use for grazing purposes, use as woodlands or use regulated by a scheme drawn up by the Commission under section 52(9) of this Act;

• (cd) any—

• (i) determination by the Commission under section 3A(7)(a) of this Act or by the Land Court on any question coming before it (whether or not on appeal) under this Act;

• (ii) order under section 26H(1) of this Act;

• (iii) direction under section 24(3) , 24B(1) or 25(4) of this Act;

• (iv) reorganisation scheme prepared under section 38(8)(a) of this Act;

• (v) apportionment under section 52(3) or (4) of this Act; and

• (vi) order under section 53B(2) of this Act;

• (ce) any other order, determination, consent, authorisation or other proceeding of theirs which they consider it is appropriate to have recorded in the Register of Crofts;

• (cf) any agreement between a landlord and a crofter concerning access between a public road and the croft by a route lying wholly over land owned by the landlord, being an agreement intimated to the Commission by the landlord or crofter (the intimation being in such form as the Commission may require and there being provided to the Commission, along with the intimation, a copy of the agreement);

• (cg) any agreement for a loan sent to the Commission by virtue of section 46A(2)(e) of this Act;

• (d) such other matters relating to each croft as the Commission may, with the approval of the Secretary of State, decide are proper to be entered in the Register;

and the Commission shall from time to time insert new entries in the Register or alter or omit existing entries so far as may be necessary to ensure , so far as practicable, that the Register is consistent with such information as the Commission has obtained under or by virtue of this Act and shall send a copy of any new entry, or of any entry altered by them, to the landlord and the tenant of the croft concerned, and shall intimate the omission of any entry to the owner and the tenant (if any) of the land concerned:

• (2A) Subsection (2) above applies in relation to land constituted as a common grazing under section 51A of this Act, the owner of that land and the persons sharing in the common grazing as it applies in relation to a croft and its landlord and tenant; and an entry made by virtue of this subsection must contain the information that the common grazing is so constituted.

• (3) A person is entitled on request to receive from the Commission a copy or extract of an entry in the Register of Crofts.

• (3A) An extract of an entry in the Register of Crofts shall be certified as such by a person authorised for the purposes of this subsection by the Commission; and a document which bears to be an extract so certified shall be sufficient evidence that the Register contains the entry.

• (4) The register of crofts compiled by the Commission under section 15(2) of the 1955 Act shall, so far as it contains particulars which are required by or under subsection (2) above to be entered in the Register of Crofts, be deemed to have been compiled by the Commission in pursuance of subsection (1) above.

• (5) The Crofters Holdings Book shall be incorporated into the Register of Crofts and as so incorporated shall be deemed to have been compiled by the Commission in pursuance of subsection (1) above.

Financial assistance to crofters, cottars and certain owner- occupiers etc

Crofters

42

• (1) For the purpose of supporting any reasonable use which promotes the sustainable development of crofts, the Secretary of State may, after consultation with the Commission ..., make schemes for providing grants ... to crofters.

• (1A) Such schemes shall specify criteria for determining who shall be eligible for grants payable under those schemes (as for example, the occupier's income, or the rental or agricultural value or extent of his croft); and different schemes may specify different criteria.

• (2) Any scheme under subsection (1) above may—

• (a) provide for the administration, through the agency of the Commission, of the grants ... payable thereunder;

• (b) make provision enabling the Scottish Ministers, or the Commission on behalf of the Ministers, to recover the grant ... in such circumstances and from such person as may be specified in the scheme;

• (c) provide that, where the grant ... is being given in respect of a common grazing and a grazings committee or a grazings constable has been appointed under section 47 of this Act, the Secretary of State shall pay the grant ... to the clerk of the grazings committee or the constable for the benefit of the crofters concerned.

• (3) Any scheme under subsection (1) above shall be embodied in a statutory instrument which shall be laid before Parliament after being made, and any such scheme may be varied or revoked by a subsequent scheme made in the like manner.

• (4) Without prejudice to subsection (1) above, The Secretary of State may, in accordance with arrangements made by him ..., provide assistance by way of grants ... towards the erection or improvement or rebuilding of dwelling-houses and other buildings for crofters or towards the provision or improvement of roads, or water or electricity or gas supplies.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Regulations shall be made by the Secretary of State—

• (a) for securing that, where a grant has been made towards the erection, improvement or rebuilding of a dwelling-house or other building, conditions with respect to the occupation and maintenance thereof shall apply thereto for such period from the completion of the work (not being longer than 40 years) as may be specified in the regulations;

• (b) for securing that in the event of a breach of any of the conditions the Scottish Ministers, or the Commission on behalf of the Ministers, may recover from such person as may be specified in the regulations a sum bearing the same proportion to the grant made as the period between the date of the breach of the condition and the expiration of the period specified under paragraph (a) above bears to the last mentioned period, together with interest on such sum from the date on which the grant was made at such a rate as may be specified in the regulations;

• (c) for providing that the conditions applied by the regulations to a dwelling- house or building shall cease to apply on payment to the Scottish Ministers, or to the Commission on behalf of the Ministers, by such person as may be specified in the regulations of such amount as may be so specified;

• (d) for securing that, where any conditions apply to a dwelling-house or building by virtue of the regulations, the Secretary of State shall cause to be recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland a notice in a form prescribed by the regulations specifying the conditions which by virtue of the regulations apply to the dwelling-house or building; and that, where such conditions cease so to apply by virtue of such a payment ... as is referred to in paragraph (c) above, the Secretary of State shall cause to be so recorded or registered a notice in a form prescribed as aforesaid stating that the conditions no longer apply to the dwelling-house or building;

• (e) for such other incidental and supplementary matters as appear to the Secretary of State to be requisite or expedient for the purposes aforesaid.

• (7) The Secretary of State may make regulations providing that the conditions applied to any dwelling-house by regulations made under subsection (6) above shall not apply to such dwelling-house in such circumstances and to such extent as may be specified in the regulations made under this subsection.

• (8) No grant under subsection (1) above, nor assistance under subsection (4) above, shall be given towards carrying out any works if assistance out of public money by way of grant or subsidy has been given under any other enactment towards the works in question.

• (9) A person shall not be disqualified for receiving a grant under subsection (1) above nor assistance under subsection (4) above by reason only that, after he has applied for and the Secretary of State has undertaken to provide such assistance, he has become the owner of the croft in respect of which the application was made.

• (9A) Any scheme under subsection (1) above or arrangements under subsection (4) above may provide that a person's economic status is a criterion for eligibility for grants payable under that scheme or those arrangements.

• (10) If any person, for the purpose of obtaining for himself or any other person a grant ... under a scheme made under subsection (1) above or under arrangements made unde subsection (4) above, knowingly or recklessly makes a false statement he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Supplementary provisions as to loans under s.42

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cottars

44

The Secretary of State shall have the like powers to provide assistance by way of grant for the erection, improvement or rebuilding of dwelling-houses and other buildings for cottars as he has to provide assistance for the erection, improvement or rebuilding of dwelling-houses and other buildings for crofters, and subsections (4), (6), (8), (9) and (10) of section 42 of this Act shall apply accordingly.

Former crofters and cottars who have acquired site of the dwelling-house

45

• (1) The Secretary of State may provide assistance under section 42(4) of this Act but not in respect of buildings other than dwelling-houses to—

• (a) a person, being a crofter who has acquired the site of the dwelling-house on or pertaining to his croft after 10th June 1976;

• (b) the nominee of such a person, being a member of his family, to whom the site was conveyed by the landlord of the croft;

• (c) a member of such a person’s family who has acquired the title to the site from that person or such nominee;

• (ca) an owner-occupier crofter;

• (d) a person, being a cottar who has acquired the site of the dwelling-house on or pertaining to his subject after 10th June 1976,

...

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where a person other than the landlord was infeft in the site of the dwelling-house immediately before the conveyance, the reference in subsection (1)(b) above to the landlord shall be construed as a reference to the landlord and such other person for their respective rights.

• (4) If any person, referred to in any of paragraphs (a) to (d) of subsection (1) above, for the purpose of obtaining for himself or any other person a grant ... under section 42(4) of this Act, knowingly or recklessly makes a false statement he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Owner-occupiers of like economic status as crofters and other persons

46

• (1) The Secretary of State shall have the like powers to provide assistance by way of grant for the erection, improvement or rebuilding of buildings other than dwelling-houses or towards the provision or improvement of roads, or water or electricity or gas supplies for owner-occupier crofters and for owners of holdings to which subsection (2) below applies as he has to provide such assistance for crofters; and subsections (4), (6), (8) and (10) of section 42 of this Act shall apply accordingly.

• (2) This subsection applies to any holding which—

• (a) is situated in the crofting counties; and

• (b) is either—

• (i) a holding of which the area does not exceed 30 hectares, or

• (ii) a holding of which the annual rent, if it were a croft let to a crofter under this Act, would not in the opinion of the Secretary of State exceed £100, or

• (iii) a holding which exceeds 30 hectares and of which the annual rent if it were a croft so let would in the opinion of the Secretary of State exceed £100, but which in the opinion of the Secretary of State is not substantially larger than 30 hectares or is capable of being let as a croft at an annual rent not substantially in excess of £100; and

• (c) is owned by a person who in the opinion of the Secretary of State uses his holding in a way which is substantially the same as that of a crofter ; and

• (d) is occupied by the owner thereof.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State shall have the like power to provide financial assistance—

• (a) for owner-occupier crofters; and

• (b) for occupiers of holdings, other than crofts, situated in the crofting counties which are either holdings of which the area does not exceed 30 hectares (exclusive of any common pasture or grazing held therewith) or holdings the annual rent of which, if they were crofts let to crofters under this Act, would not, in the opinion of the Secretary of State, exceed £100, being occupiers who in the opinion of the Secretary of State use their holdings in a way which is substantially the same as that of a crofter ; and

• (c) for occupiers of holdings, other than crofts, situated in the crofting counties which exceed 30 hectares (exclusive of any common pasture or grazing held therewith) and of which the annual rent if they were crofts so let would in the opinion of the Secretary of State exceed £100, but which in the opinion of the Secretary of State are not substantially larger than 30 hectares (exclusive of any common pasture or grazing held therewith) or are capable of being so let at an annual rent not substantially in excess of £100, being occupiers who in the opinion of the Secretary of State use their holdings in a way which is substantially the same as that of a crofter ; and

• (d) for subtenants of crofts or parts of crofts occupying under subleases intimated or granted as mentioned in section 29(2) of this Act;

• (e) for tenants of crofts or parts of crofts occupying under short leases granted as mentioned in section 29A,

as he has by virtue of subsection (1) of section 42 of this Act to provide financial assistance for crofters; and accordingly the said subsection (1) shall have effect as if the reference therein to crofts included a reference to such owner-occupied crofts and holdings and to parts of crofts and as if the reference therein to crofters included a reference to owner-occupier crofters, to occupiers of such holdings , to subtenants of crofts or parts of crofts and to tenants of crofts or parts of crofts occupying under such short leases .

• (5) If any person, for the purpose of obtaining for himself or any other person, a grant ... under a scheme made under section 42(1) of this Act as applied by subsection (4) above, knowingly or recklessly makes a false statement he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Common Grazings

Appointment, etc., of grazings committee or grazings constable

47

• (1) The crofters who share in a common grazing may from time to time, at a public meeting of which public notification has been given , appoint a grazings committee of such number as the meeting shall decide; and a person may be appointed to be a member of a grazings committee notwithstanding that he is not a crofter.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) If the crofters who share in a common grazing fail at any time to appoint a grazings committee, the Commission may, after making such inquiry, if any, as they may deem necessary, appoint a grazings committee, or may appoint a person to be grazings constable; and a committee or constable so appointed shall have the like powers and duties as a grazings committee appointed under subsection (1) above.

• (4) The term of office of the members of a grazings committee appointed under this section shall be 3 years, and at the expiry of that period a new grazings committee shall be appointed as aforesaid. A retiring member of a committee shall be eligible for re- election.

• (5) A majority of the members of a grazings committee shall be a quorum; and any vacancy occurring in the membership of a grazings committee by reason of the death or resignation of a member shall be filled by nomination of the remaining members.

• (6) A grazings committee appointed under subsection (1) above, or in the case of a grazings committee appointed under subsection (3) above the Commission, shall appoint some person, whether a member of the committee or not, to be the clerk of the committee.

• (6A) A person so appointed (or appointed under subsection (8) below to be the clerk of the committee) is in this Act referred to as the “grazings clerk”.

• (7) The term of office of a grazings constable appointed by the Commission under subsection (3) above shall be such as may be specified in the instrument by which he is appointed, and he shall receive such annual remuneration as the Commission may determine; and such remuneration shall be defrayed by an assessment levied in such manner as the Commission may deem reasonable on the crofters who share in the common grazing.

• (8) If the Commission are satisfied, after making such inquiry, if any, as they may deem necessary, that any or all of the members ... of a grazings committee (however appointed under this section) are not properly carrying out the duties imposed on them (or that the grazings clerk is not properly carrying out the duties imposed on him) under this Act, the Commission may remove from office any or all such members or such clerk and may appoint or provide for the appointment of other persons (whether crofters or not) in their or his place.

• (9) A grazings committee shall pay such annual remuneration to the grazings clerk as they may determine; and they may recover from the crofters sharing in the common grazing all expenditure incurred by them in paying such remuneration.

• (10) For the purposes of the application of this Act to common grazings, any reference therein to a crofter shall include a reference to any person who, not being a crofter, is entitled to share in a common grazing along with crofters.

Powers and duties of grazings committees

48

• (1) It shall be the duty of a grazings committee—

• (a) to maintain the common grazing and to provide, maintain and, if necessary, replace the fixed equipment required in connection with such maintenance and with the implementation of any proposal approved under section 50B(11) of this Act ;

• (b) to carry out works for the improvement of such grazings and equipment;

• (bb) to carry out works in implementation of any such proposal as is mentioned in paragraph (a) above;

• (c) to make and administer, with a view to their due observance, regulations (in this Act referred to as “common grazings regulations”) with respect to the management and use of the common grazing :

• (2) The grazings committee shall give notice to each crofter sharing in the common grazing of any proposals to carry out works in pursuance of the duty imposed by subsection (1)(b) or (bb) above, or to plant trees under subsection (4) below, and the proposed allocation of the expenditure to be incurred in respect of those works or, as the case may be, that planting among such crofters; and any such crofter may within one month of the date of such notice make representations in respect of the proposals or the proposed allocation to the Commission who may approve the proposals or proposed allocation with or without modifications or reject them.

• (3) Notwithstanding section 29(2) or 29A(9) of this Act, subsection (2) above shall have effect in a case where such a right is sublet or, as the case may be, let as if any reference to a crofter included a reference to a crofter in whose place a subtenant or tenant has come; but no liability to meet expenditure incurred by a grazings committee in the performance of the duties imposed on them by subsection (1)(b) above shall be imposed on such a crofter in respect of any period during which such a subtenancy or tenancy subsists.

• (4) Subject to section 50 of this Act and to subsections (5) and (6) below, where the grazings committee have obtained the approval and consent referred to in subsection (1) of that section they may plant trees on, and use as woodlands, any part of the common grazing in accordance with the approval and consent.

• (4A) Where the grazings committee have obtained the approval referred to in subsection (6) of section 50B of this Act, they may, subject to any conditions imposed under subsection (11) of that section and for the time being in force (and to the approval not having been revoked), use any part of the common grazing in accordance with the proposal.

• (5) Where any crofter who holds a right in the common grazing requests them to do so, the grazings committee shall exercise their power under subsection (4) above.

• (6) The power of the grazings committee under subsection (4) above shall not be exercised in such a way that the whole of the common grazing is planted with trees and used as woodlands.

• (6A) The powers of the grazings committee include the power to raise money (whether by borrowing or otherwise) for the purpose of implementing any proposal approved under section 50B(11) of this Act; but on any occasion they shall only exercise that power if a majority of the grazings committee vote to do so.

• (7) A person appointed by the Commission shall have power to summon and to attend any meeting of a grazings committee for the purpose of advising them and otherwise assisting them in the performance of their duties.

Common grazings regulations

49

• (1) Every grazings committee shall, within 6 months after being required by the Commission so to do, make and submit to the Commission common grazings regulations.

• (2) Without prejudice to the generality of the power conferred on a grazings committee by section 48(1)(c) of this Act, common grazings regulations shall make provision with respect to the following matters—

• (a) the recovery by the grazings committee from the crofters sharing in the common grazing of all expenses incurred by the committee in maintaining the common grazing and in providing, maintaining or replacing any fixed equipment required in connection with such maintenance or with the implementation of any proposal approved under section 50B(11) of this Act ;

• (b) the recovery by the grazings committee from such crofters of all expenses incurred by the committee in the performance of the duties imposed on them by subsection (1)(b) or (bb) , and the exercise of their powers under subsection (4), of section 48 of this Act according to the proposed allocation of expenditure referred to in subsection (2) of that section or, as the case may be, that allocation as approved or modified by the Commission under that subsection;

• (c) the levying by the grazings committee on, and the recovery by them from, the crofters referred to in paragraph (a) above or, as the case may be, such of the crofters referred to in paragraph (b) above as are liable to pay any expenses as mentioned in that paragraph, in such proportions as may be specified in the regulations, such sums as will in the opinion of the committee be necessary to enable the committee to meet any expenses which they may incur in the performance of the duties imposed on them by paragraphs (a) to (bb) of section 48(1) of this Act;

• (d) the number and the kind of stock which each crofter is entitled to put on the common grazing ;

• (e) the alteration of individual soumings where works for the improvement of the common grazing or the fixed equipment required in connection therewith have been carried out and all the crofters have not contributed to the expenses incurred in carrying out such works;

• (f) where appropriate, the cutting of peats and the collection of seaweed;

• (g) subject to the provisions of this Act, the summoning of meetings of the grazings committee and the procedure and conduct of business at such meetings.

• (3) Common grazings regulations may—

• (a) restrict the use of any part of the common grazing on which works of improvement have been carried out to crofters who contribute towards the expenses incurred by the common grazings committee in carrying out those works;

• (b) where the use of any part of the common grazing is restricted as aforesaid, regulate the number and kinds of stock which each contributing crofter may put on that part and the number and kinds of stock which each crofter (whether or not he is a contributing crofter) may put on the remainder of the common grazing .

• (4) Common grazings regulations made by a grazings committee shall be of no effect unless confirmed by the Commission. The Commission may confirm with or without modification or refuse to confirm any common grazings regulations submitted to them for confirmation, and may fix the date on which the regulations are to come into operation; and if no date is so fixed, the regulations shall come into operation at the expiration of one month from the date of their confirmation.

• (5) If a grazings committee fail within the time limited by subsection (1) above to make and submit to the Commission common grazings regulations or to make and submit to the Commission common grazings regulations which in the opinion of the Commission are sufficient and satisfactory, the Commission may themselves make such common grazings regulations, which shall have the like force and effect as if they had been made by the grazings committee and confirmed by the Commission.

• (6) A grazings committee may from time to time, and, if so required by the Commission, shall within the time limited by such requirement, make further regulations amending the common grazings regulations for the time being in force, and subsections (4) and (5) above shall apply to any such amending regulations subject to any necessary modifications.

• (7) Before confirming, making or amending regulations in accordance with the foregoing provisions of this section, the Commission shall consult the owner of the common grazing to which the regulations relate; and the Commission shall send a copy of any regulations so confirmed, made or amended to the owner and to the grazings committee.

• (8) Common grazings regulations for the time being in force under this section shall have effect notwithstanding anything contrary thereto or inconsistent therewith contained in any lease or other agreement, whether entered into before or after the coming into force of such regulations.

• (9) Nothing contained in a scheme a copy of which has been entered, under section 19A of this Act, in the Register of Crofts is, for the purposes of subsection (8) above, an agreement.

Use of common grazings for forestry purposes

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• (1) Where a grazings committee or any crofter who holds a right in the common grazing proposes that the committee should, in exercise of their power under section 48(4) of this Act, plant trees on, and use as woodlands, any part of the common grazing, the committee shall apply for—

• (a) the approval of the Commission; and

• (b) the consent of the owner of the common grazing,

to the use as woodlands of the part of the common grazing concerned.

• (2) An owner's consent—

• (a) shall be in writing;

• (b) shall specify the part of the common grazing to which it relates;

• (bb) may be given subject to conditions provided that those conditions are reasonable;

• (c) shall be intimated to the Commission by the owner or the grazings committee;

• (d) shall not take effect until it is entered in the Register of Crofts; and

• (e) shall, when entered in that Register, be binding on the successors to the owner's interest.

• (2A) An owner may refuse consent on (and only on) the grounds that implementation of the proposal would—

• (a) adversely affect the exercise of any rights which he has under or by virtue of Schedule 2 to this Act;

• (b) prevent an intended resumption by virtue of section 20(1) of this Act;

• (c) be detrimental to the sound management of the estate which comprises the land;

• (d) cause hardship to a crofter who shares in the common grazing;

• (e) cause the owner undue hardship; or

• (f) lessen significantly the amenity of (either or both)—

• (i) the land;

• (ii) its surrounding area;

and without prejudice to subsection (2B) below any refusal shall be in writing and shall specify the grounds of refusal.

• (2B) If, within six weeks after application under subsection (1)(b) above, there has neither been written consent nor written refusal, the owner shall be deemed to have refused the application.

• (2C) If, on an application—

• (a) under sub-paragraph (i) of section 53(1)(e) in relation to a consent applied for under subsection (1)(b) above but refused, the Land Court is not satisfied that any of the grounds mentioned in subsection (2A) above has been made out, it may determine that the consent is to be deemed given, or

• (b) under sub-paragraph (ii) of that section in relation to a consent so applied for but granted subject to a condition, the Land Court is not satisfied that the condition is reasonable, it may determine that the consent is to be deemed given—

• (i) free of the condition; or

• (ii) subject instead to a condition specified in the determination.

• (3) An owner's consent shall cease to have effect if the grazings committee have not commenced planting of trees on the part of the common grazing to which the consent relates on the expiry of the period of seven years beginning with the date on which the consent is entered in the Register of Crofts.

• (3A) The Commission shall, on receipt of any application under subsection (1)(a) above, consult as regards the proposal the owner, the crofters who share in the common grazing and such other persons as appear to the Commission to have an interest.

• (3B) The reference in subsection (1) above to using as woodlands is to having the right to exclusive economic and recreational use, including (without prejudice to that generality)—

• (a) felling, removing, selling and replacing the trees in question;

• (b) collecting trimmings, fallen timber, foliage, sap, flowers, fruit, seeds or nuts for use or sale;

• (c) grazing animals in the woodlands; and

• (d) selling timber, timber products and other forestry products,

except that this subsection is without prejudice to any person's access rights (within the meaning of Part 1 of the Land Reform (Scotland) Act 2003 (asp 2)).

• (3C) Where the owner's consent is, under subsection (2)(bb) above, subject to a condition that land be fenced, or otherwise enclosed, any expenditure incurred in complying with that condition (including expenditure incurred in that connection in maintenance, repair or renewal) shall be met—

• (a) in a case where the applicant is the grazings committee, by that committee, and

• (b) in any other case, jointly and severally by the crofters sharing in the common grazing.

• (4) In this section, “owner's consent” means the consent of the owner referred to in subsection (1)(b) above (or a deemed such consent);

• (5) This section is without prejudice to section 50A of this Act and is subject to the terms of any agreement under that section.

Enlargement of common grazings

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• (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.

Miscellaneous provisions as to common grazings, as to lands held runrig, and as to use by crofters of peat bogs, etc

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• (1) Where it is averred by the grazings committee or the owner that a person has contravened, or failed to comply with, any common grazings regulations for the time being in force under section 49 of this Act, the committee or as the case may be the owner may apply to the Commission for a determination in the matter.

• (1A) On receipt of an application made under subsection (1) above the Commission—

• (a) shall serve notice on the person of the averment; and

• (b) shall send a copy of that notice to the grazings committee and to the owner.

• (1B) The person, the committee and the owner shall all be afforded the opportunity to make representations as regards the averment and if the Commission think fit the Commission may hear evidence in the matter.

• (1C) If the Commission determine that the averred contravention or failure has occurred they may require the person—

• (a) to conform with the regulation in question, and

• (b) to make good, within such reasonable period as they shall specify, any damage which has directly resulted from the occurrence.

• (1D) Where—

• (a) a requirement imposed under subsection (1C) above is not complied with (and subsection (1E) below does not apply), the Commission—

• (i) may determine that all or part of the person's share in the common grazing is suspended for such period as they shall specify; and

• (ii) if the non-compliance consists in a failure to make good damage within the period specified under subsection (1C)(b) above, may require it be made good within such further period as they may specify,

• (b) all requirements imposed under subsection (1C)(a) above and any requirement imposed under sub-paragraph (ii) of paragraph (a) above (whether or not as that sub-paragraph applies by virtue of subsection (1E)(a) below) are complied with, the Commission may end a suspension imposed under sub-paragraph (i) of that paragraph.

• (1E) Where, while all or part of the person's share in the common grazing is suspended by virtue of subsection (1D)(a)(i) above, a requirement imposed under subsection (1C)(a) above is not complied with as regards so much of the share as is not suspended, or as the case may be a requirement imposed under subsection (1D)(a)(ii) above is not complied with, the Commission—

• (a) may (but on one occasion only) extend either or both periods mentioned in subsection (1D)(a) above; or

• (b) may—

• (i) determine that all or part of the person's share is terminated; and

• (ii) apportion the share or part to other persons sharing in the common grazing.

• (1EA) Where the Commission make a determination under subsection (1E) that all or part of a person's share in a registered common grazing is terminated—

• (a) the Commission must, as soon as reasonably practicable after making the determination, submit an application for registration of the termination by virtue of section 25 of the 2010 Act;

• (b) the termination takes effect on the date of registration.

• (1EB) Any apportionment of all or part of a person's share in a registered common grazing under subsection (1E) above takes effect, as respects an application for registration of the apportionment by virtue of section 25 of the 2010 Act, on the date of registration.

• (1F) Reference in this section to a share in the common grazing includes reference to any rights and privileges pertaining to that share.

• (2) Where it is prescribed by the common grazings regulations applicable to the common grazing of a township that the right of a crofter to share in such grazing shall be conditional on his making his croft available during the winter season for the accommodation of any stock belonging to other persons sharing in such grazing , any crofter may apply to the grazings committee for their consent to the exclusion of such stock from his croft or from part thereof, and if he is dissatisfied with the decision of the committee on such application he may appeal therefrom to the Commission.

Any consent given under this subsection by a grazings committee or, on appeal, by the Commission may be given subject to such conditions, if any, as the committee or the Commission, as the case may be, may think proper.

• (3) The Commission may, on the application of any crofters interested, after consultation with the grazings committee, apportion a common grazing shared by two or more townships into separate parts for the exclusive use of the several townships or may apportion a part of such grazing for the exclusive use of one of the townships.

• (3A) In relation to a registered common grazing—

• (a) any apportionment of the common grazing under subsection (3) expires at the end of the period of 3 months beginning with the date on which the common grazing was so apportioned unless an application for registration of the apportionment is submitted by virtue of section 25 of the 2010 Act before the expiry of that period;

• (b) the apportionment takes effect on the date of registration.

• (4) The Commission may, on the application of any crofter who holds a right in a common grazing, and after consultation with the grazings committee, apportion a part of the common grazing (including the site of the dwelling-house of the crofter so applying if situated on the common grazing), other than a part on which the grazings committee have planted trees and which they are using as woodlands under section 48(4) of this Act, for the exclusive use of the applicant.

• (5) An application under subsection (4) above shall be competent notwithstanding that every part of the grazing except the part in respect of which the application is made has already been apportioned under that subsection.

• (5A) Where an application is made under subsection (4) by the crofter of an unregistered croft, the Commission—

• (a) may not apportion a part of the common grazing 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 to apportion a part of the common grazing was made;

• (b) need not, during that 6 month period, consider the application to apportion a part of the common grazing until an application for first registration of the croft is submitted.

• (5B) Where an application under subsection (4) by the crofter of a registered croft (other than a first registered croft) is granted—

• (a) the apportionment of a part of the common grazing expires at the end of the period of 3 months beginning with the date on which the part was so apportioned unless an application for registration of the apportionment is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;

• (b) the apportionment takes effect on the date of registration.

• (5C) In relation to a registered common grazing—

• (a) any apportionment of a part of the common grazing under subsection (4) expires at the end of the period of 3 months beginning with the date on which the part was so apportioned unless an application for registration of the apportionment is submitted by virtue of section 25 of the 2010 Act before the expiry of that period;

• (b) the apportionment of the part takes effect on the date of registration.

• (5D) But subsection (5C) does not apply to an apportionment which takes effect by virtue of subsection (5B).

• (6) Where the Commission in pursuance of subsection (3) or (4) above apportion to a township or to an individual a part of a common grazing for its or his exclusive use, they may make the apportionment subject to such conditions, including conditions with respect to the fencing or the draining of the apportioned part, as they may think fit.

• (7) Notwithstanding anything in the Ground Game Act 1880, it shall be lawful for the crofters interested in a common grazing or in a part of a common grazing apportioned under subsection (3) above—

• (a) to appoint not more than two of their number; and

• (b) to authorise in writing one person bona fide employed by them for reward,

to kill and take ground game on the common grazing or the part thereof, as the case may be; and for the purposes of the said Act of 1880 any person appointed as aforesaid shall be deemed to be the occupier of the common grazing or the part thereof, but shall not have the right to authorise any other person to kill and take ground game, and any person authorised as aforesaid shall be deemed to have been authorised by the occupier of the common grazing or the part thereof to kill and take ground game with firearms or otherwise.

• (7A) Any transfer by a person who holds a right in a registered common grazing of that right to another person takes effect, as respects an application for registration of the transfer by virtue of section 25 of the 2010 Act, on the date of registration.

• (8) The Commission may, on the application of any landlord or crofter interested, apportion lands held runrig among the holders thereof in such manner and subject to such conditions as appears to the Commission in the circumstances of the case to be just and expedient.

• (8A) Subsection (5C) applies to an apportionment under subsection (8) of registered lands held runrig as it applies to an apportionment under subsection (4) of a part of a registered common grazing, with the modification that the reference to section 25 is to be construed as a reference to section 32.

• (9) The Commission may draw up a scheme regulating the use by crofters on the same estate of peat bogs, or of seaweed for the reasonable purposes of their crofts, or of heather or grass used for thatching purposes, and the charge for the use of all or any of these may be included in the rents fixed for the crofts.

• (10) Without prejudice to the generality of subsections (3), (4) and (8) above, the Commission may under any of those subsections (either or both)—

• (a) apportion a part for a period;

• (b) determine that an apportionment shall be subject to review at fixed intervals,

which they shall specify.

• (11) The Commission may extend any such period as is mentioned in subsection (10)(a) above on the application of the township which, or as the case may be the crofter who, has exclusive use.

• (11A) In relation to a registered common grazing—

• (a) any extension under subsection (11) of the period for which a part of a registered common grazing is apportioned ceases to have effect at the end of the period of 3 months beginning with the date on which the period was so extended unless an application for registration of the extension is submitted by virtue of section 25 of the 2010 Act before the expiry of that 3 month period;

• (b) the extension takes effect on the date of registration.

• (11B) Subsection (11A) applies to registered land held runrig as it applies to a registered common grazing, with the modification that the reference to section 25 is to be construed as a reference to section 32.

• (12) Without prejudice to subsection (10)(b) above, the Commission may, on the application of that township or crofter or of the grazings committee or owner—

• (a) review an apportionment made in pursuance of subsection (3) or (4) above;

• (b) (whether or not on such review)—

• (i) vary or revoke any condition imposed under subsection (6) above;

• (ii) impose a new condition under that subsection;

• (iii) bring an apportionment made as mentioned in paragraph (a) above to an end.

• (12A) Subsection (12B) applies to an application by the crofter of a registered croft (other than a first registered croft) made under subsection (12) to bring to an end an apportionment made in pursuance of subsection (4).

• (12B) Where the application is granted—

• (a) the granting of the application expires at the end of the period of 3 months beginning with the date of the granting unless an application for registration of the bringing to an end of the apportionment is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;

• (b) the bringing to an end of the apportionment takes effect on the date of registration.

• (12C) Where it is determined under subsection (12)(b)(iii) that an apportionment of a registered common grazing is to come to an end, the apportionment comes to an end, as respects an application for registration of the bringing of it to an end by virtue of section 25 of the 2010 Act, on the date of registration.

• (12D) But subsection (12C) does not apply to an apportionment the bringing to an end of which takes effect by virtue of subsection (12B).

• (13) Where—

• (a) a period of apportionment fixed under subsection (10)(a) above (or so fixed and extended under subsection (11) above) comes to an end; or

• (b) it is determined on review under subsection (10)(b) above, or is determined under subsection (12)(b)(iii) above, that an apportionment is to come to an end,

the land in question reverts to being a common grazing.

• (14) Where land reverts under subsection (13) above, the Commission may, having regard to the rights held in the common grazing immediately before the apportionment in question, make such determination as they consider equitable as to shares in the common grazing.

• (14A) Any determination under subsection (14) takes effect, as respects an application for registration of the making of the determination by virtue of section 25 of the 2010 Act, on the date of registration.

• (15) Subsections (10) to (14) above do not apply as respects land constituted as common grazing under section 51A of this Act.

Provisions relating to Land Court

Jurisdictional provisions

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