Crofters (Scotland) Act 1993

[^key-f8be2ee4aa3f8711c04e18ee3425a3db]: Words in s. 8(6) inserted (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(8)(c) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2 (with sch. 2 para. 1(n)(o))

[^key-fc9744f29655f32ac6733f5ced5d10a6]: S. 25(4ZA)-(4ZD) inserted (30.11.2012 for specified purposes, 30.11.2013 in force in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(16)(b) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2; S.S.I. 2012/288, art. 3(1)(c) (with sch. 2 para. 17)

[^key-aa89321b870fb9a46cb7d8628a548928]: Words in s. 25(4) inserted (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(16)(a) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2 (with sch. 2 para. 1(u))

[^key-27a96143a5977124233e211ab402e5f8]: Ss. 21A(1A)-(1C) inserted (30.11.2012 for specified purposes) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(12)(a) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2

[^key-a26371aafe65534a3ecddb60b2886857]: S. 21A(3) repealed (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(12)(b) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2

[^key-c54f16aba30d06dc116edffc133feedf]: S. 53(3) inserted (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(33)(b) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2

[^key-aa1c45768ac52347de2f63f4ca45e5fe]: Words in s. 53(1) inserted (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(33)(a) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2

[^key-46152e799f3f384ebf6548acb677cbc0]: S. 4A(2A)(2B) inserted (30.11.2012 for specified purposes) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(5)(a) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2 (with sch. 2 para. 1(m))

[^key-159b54de42140c62c59591fd29070441]: S. 9(3)(3A) substituted for s. 9(3) (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(9)(c) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2 (with sch. 2 para. 1(p) 11(2))

[^M_F_06817834-0833-4e96-c10c-293a263b2634]: S. 22 repealed (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), Sch. 4 para. 3(13), (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 4, 6)

[^key-0403da35e71a79f3354eed8d58bc665f]: S. 10(7)(8) inserted (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 49(7), 57(2) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2 (with sch. 2 para. 8)

[^key-dac0fb57f04e13802b112f62fb779d91]: S. 11(1A) inserted (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(10)(b) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2 (with sch. 2 para. 12)

[^key-95b8842370f39d87b08567547c0e6b4d]: S. 24(3B)(3C) inserted (30.11.2012 for specified purposes, 30.11.2013 in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(15)(c) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(c)(2), sch. 1 Pt. 2 (with sch. 2 para. 1(t) 16(2))

[^key-855a59b8a4d5bb110f29d25995f31e84]: S. 52A(4A) inserted (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(32)(a) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2

[^key-3df9abcd34bd21e1986b97e32d24d80a]: S. 52A applied (with modifications) (31.7.2013) by Crofting (Amendment) (Scotland) Act 2013 (asp 10), s. 4(1)(2), 6

[^key-8b65ec1f8bbb813948413ccd535779b3]: S. 25(8) applied (with modifications) (31.7.2013) by Crofting (Amendment) (Scotland) Act 2013 (asp 10), s. 4(3)(4), 6

[^M_F_c90d71fc-4bb5-43f7-ec36-e750932d8623]: Words in s. 4(2)(b) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 2 (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^M_F_82835e3e-fb76-4421-e116-2785e57547a9]: S. 4(2A) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^M_F_7a920c3b-8cf2-4a79-e35d-4fa2fe3265d6]: Words in s. 4(1)(b) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 2 (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^M_F_7eb644ba-66c9-4f95-a0f3-0c43c745670c]: S. 11(4)-(8) substituted for s. 11(4)-(9) (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 17(4), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

[^M_F_e83832bb-be8c-47c4-a5b5-59cc0306ce79]: S. 58A(7) substituted for s. 58A(7)-(10) (1.10.2011 for specified purposes, 1.4.2012 in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 48(7), 57(2) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4); S.S.I. 2011/334, art. 3, sch. Pts. 2, (with arts. 4, 5(3))

[^M_F_b6dfa4d1-3454-452d-de5e-97da94cf5bf1]: S. 41(2)(ca)-(cg) substituted for s. 41(2)(c) (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 5(a)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

[^M_F_289f955e-5701-416e-dab4-199da6b0c6f6]: S. 27(3) substituted for s. 27(3)(4) (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 11(1)(b), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

[^M_F_0e12ebaf-cc41-4b9c-cf62-6a3084b3cd63]: Word in Sch. 7 Pt. 1 inserted (retrospectively) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), Sch. 1 para. 2(21)(22) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, Sch.

3A

• (1) The Commission shall have power, on the application of the owner of any land situated—

• (a) in the crofting counties; or

• (b) in an area outwith the crofting counties which is, by order made by statutory instrument, designated for the purposes of this paragraph by the Scottish Ministers,

to constitute the land as a croft by entering it as such, in accordance with section 41 of this Act, in the Register of Crofts; but no such entry shall be made until the period mentioned in section 52A(2) of this Act has elapsed without any appeal to the Land Court being made or until any such appeal timeously made is decided or abandoned.

• (2) The Commission shall have power—

• (a) on the application of the tenant of any holding situated as is mentioned in subsection (1)(b) above; and

• (b) provided that subsection (3) below is complied with and that the conditions set out in subsection (12) below are met,

to constitute the holding as a croft by entering it as such, in accordance with section 41 of this Act, in that register; and on the holding being so constituted the tenant shall be entitled to be registered, in accordance with section 41(2)(b) of this Act, as its tenant.

• (3) Any application under subsection (2) above must be accompanied by a certificate of the Land Court to the effect that the Court is satisfied that, as at the date of the certificate—

• (a) the tenancy of the holding is one to which—

• (i) section 32 of the Small Landholders (Scotland) Act 1911 (c. 49) applies; or

• (ii) any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies; and

• (b) no part of the holding is leased other than as a tenancy mentioned in paragraph (a) above.

• (4) No such entry as is mentioned in subsection (2) above shall be made under that subsection—

• (a) until the period mentioned in section 52A(2) of this Act has elapsed without any appeal to the Land Court being made or until any such appeal timeously made is decided or abandoned; and

• (b) unless the Commission are satisfied—

• (i) that agreement has been reached between the applicant and the owner of the land as to an amount to be paid by the applicant to the owner in compensation for the holding being so constituted and that the amount has been duly paid;

• (ii) that the applicant and owner have agreed that no amount in compensation is to be so payable; or

• (iii) that any such amount found, by virtue of section 3B of this Act, to be so payable has been duly paid.

• (5) The Commission shall, on receipt of an application under subsection (1) or (2) above, give public notification of it.

• (6) Notification under subsection (5) above shall specify a period within which comments as regards the application, being comments of the description given in subsection (10) below, may be made.

• (7) After the period mentioned in subsection (6) above has elapsed the Commission shall—

• (a) determine whether to exercise their power under subsection (1) or as the case may be (2) above; and

• (b) give public notification of that determination.

• (8) In so determining, the Commission shall have regard to—

• (a) such comments, if any, as are duly made by virtue of subsection (6) above;

• (b) the public interest and as the case may be the interests of the crofting community in the locality of the land; and

• (c) whether social or economic benefits might be expected as a consequence of so constituting it.

• (9) No application is to be made under subsection (1) above in respect of an agricultural holding occupied by a tenant where—

• (a) the tenancy is—

• (i) a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)); or

• (ii) a short limited duration tenancy or limited duration tenancy (within the meaning of that Act); or

• (b) it is competent for the tenant to make an application under subsection (2) above,

if the written agreement of the tenant has not been obtained; and on such a holding being constituted as a croft under subsection (1) above the tenant shall be entitled (unless not a natural person) to be registered, in accordance with section 41(2)(b) of this Act, as its tenant.

• (10) The description is that the comments are made in writing or in another form 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).

• (11) For the purposes of subsection (10) above (and without prejudice to the generality of that subsection), comments are to be treated as made in writing where they are—

• (a) transmitted by electronic means;

• (b) received in legible form; and

• (c) capable of being used for subsequent reference.

• (12) The conditions are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) that the tenant is a natural person; and

• (c) that such fixed equipment on the holding as is necessary to enable the tenant to cultivate the croft is not provided by the landlord.

• (13) An order under subsection (1)(b) above is not made unless a draft of the statutory instrument containing the order has been—

• (a) laid before; and

• (b) approved by a resolution of,

the Scottish Parliament.

Compensation for constituting holding outwith crofting counties as croft on application of tenant

3B

• (1) Where, in relation to an application under subsection (2) of section 3A of this Act, there is no such agreement as is mentioned in subsection (4)(b)(i) or (ii) of that section, the compensation payable by the applicant to the owner in compensation for the holding being constituted as a croft is to be the difference between—

• (a) the value of the holding assuming that it is not to be so constituted; and

• (b) its value assuming that it is so constituted,

and is to be assessed by a valuer appointed by the applicant and the owner.

• (2) But where the applicant and the owner are unable to agree as to such an appointment the valuer is to be appointed by the Land Court or by a person nominated by the Court.

• (3) The valuer is to assess the value of the holding—

• (a) as at the date of the relevant application under section 3A(2);

• (b) having regard to the value that would be likely to be agreed between a reasonable buyer and seller of such a holding assuming—

• (i) that the buyer and seller are, as respects the transaction, willing; and

• (ii) that the buyer is a sitting tenant;

• (c) taking account, in so far as a buyer and a seller of the holding would do so, of any factor attributable to the known existence of a person who (not being the applicant) would be willing to buy the holding at a price higher than other persons because of a characteristic of the holding which relates peculiarly to that person's interest in buying it; and

• (d) taking account of the terms and conditions of any lease of sporting interests affecting the land.

• (4) The valuer is to invite the owner and the applicant to make written representations about the valuation of the holding under this section and is to have regard to any such representation.

• (5) The valuer may—

• (a) enter onto land; and

• (b) make any reasonable request of the owner or the applicant,

for the purpose of any assessment under this section.

• (6) The valuer must, within 6 weeks after being appointed, send to the owner and the applicant a notice in writing specifying the compensation payable and setting out how its amount was calculated.

• (7) The expenses of the valuer accrued in carrying out his functions under this section are to be met by the applicant.

• (8) In this section “valuer” includes two valuers with an oversman.

Enlargement where owner and crofter are in agreement.

3C

• (1) The owner or the applicant may appeal to the Lands Tribunal for Scotland against an assessment carried out under section 3B.

• (2) An appeal under this section—

• (a) shall state the grounds on which it is made; and

• (b) shall not be lodged more than 21 days after the date of the notice under section 3B(6) of this Act.

• (3) In an appeal under this section, the tribunal may reassess any value (and any factor affecting any value).

• (4) The valuer may be a witness in the appeal proceedings.

• (5) And in those proceedings, in addition to the owner and the applicant, any creditor in a standard security over the land or any part of it is entitled to be heard.

• (6) The tribunal is to give reasons for its decision on an appeal under this section and is to issue a written statement of those reasons.

• (7) The decision of the tribunal in an appeal under this section is final.

Enlargement of crofts

Complaint as respects breach of the statutory conditions

5A

• (1) Without prejudice to any right which the landlord has to initiate proceedings in relation to a breach of the statutory conditions as respects a croft, the landlord or any member of the crofting community in the locality of the croft may complain to the Commission that such a breach (other than a breach of the condition as to payment of rent) has occurred.

• (2) Provided—

• (a) that no proceedings—

• (i) such as are mentioned in subsection (1) above; or

• (ii) under section 26C of this Act,

have been initiated; and

• (b) that the period allowed the crofter by virtue of subsection (4) below has elapsed,

the Commission may make an application to the Land Court in relation to the breach; but this subsection is subject to subsection (3) below.

• (3) Except where the complaint was by the landlord, the Commission shall give him written notice of their intention to make the application; and if within 14 days after receipt of that notice he gives them intimation that he objects, being intimation of the description given in subsection (7) below, they shall not proceed with the application.

• (4) Before making the application, the Commission shall give written notice to the crofter of the breach complained of and give him the opportunity to remedy it within such reasonable period as they shall specify in the notice.

• (5) Where, on an application under subsection (2) above, the Land Court is satisfied that the breach complained of has occurred, it may—

• (a) order that the breach be remedied and specify a time within which that must occur; and

• (b) make such order regarding the payment of compensation by the crofter to the landlord as it thinks fit.

• (6) Where an order under subsection (5)(a) above is not complied with, the Commission may apply to the Land Court for an order—

• (a) terminating the tenancy;

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

• (c) for the removal of the tenant from the croft.

• (7) The description is that the intimation is given in writing or in another form 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).

• (8) For the purposes of subsection (7) above (and without prejudice to the generality of that subsection), an intimation is to be treated as given in writing where it is—

• (a) transmitted by electronic means;

• (b) received in legible form; and

• (c) capable of being used for subsequent reference.

Bequest of croft.

5B

• (1) A crofter must not misuse or neglect the crofter's croft.

• (2) A crofter misuses a croft where the crofter—

• (a) wilfully and knowingly uses it otherwise than for the purpose of its being cultivated or put to such other purposeful use as is consented to under section 5C(4);

• (b) fails to use the croft for the purposes of its being cultivated; or

• (c) fails to put the croft to any such purposeful use.

• (3) A crofter neglects a croft where the croft is not managed so as to meet the standards of good agricultural and environmental condition referred to in regulation 4 of, and the schedule to, the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004 (SSI 2004 No. 518).

• (4) But where the crofter, in a planned and managed manner, engages in, or refrains from, an activity for the purpose of conserving—

• (a) the natural beauty of the locality of the croft; or

• (b) the flora and fauna of that locality,

the crofter's so engaging or refraining is not to be treated as misuse or neglect as respects the croft.

• (5) If, immediately before the coming into force of section 7 of the Crofting Reform etc. Act 2007 (asp 7), the croft was being used for a subsidiary or auxiliary occupation by virtue of the right conferred by paragraph 3 of schedule 2 to this Act (as that paragraph then applied), any continuation of use for that occupation is not to be treated as misuse or neglect as respects the croft.

• (6) The Scottish Ministers may, by order, amend the meaning of neglect in subsection (3) so as to substitute different standards for those for the time being mentioned in that subsection.

Rent.

Renunciation of tenancy.

Consideration payable in respect of acquisition of croft land.

Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house.

19A

• (1) The landlord (or owner), or any person acting with the consent of the landlord (or owner)—

• (a) may by application to the Land Court seek its consent to—

• (i) croft land or common grazing; or

• (ii) land near to croft land or common grazing if rights and liabilities in relation to the croft land or common grazing would be affected,

being developed in accordance with a scheme appended to the application; or

• (b) may intimate to that Court that every person who has rights in or over croft land or a common grazing consents to its being developed in accordance with a scheme appended to the intimation,

and the applicant shall send a copy of the application or as the case may be of the intimation (and, in either case, of the appended scheme) to the Commission.

• (2) Consent under paragraph (a) of subsection (1) above is not to be given unless the Court is satisfied—

• (a) that the development is for a reasonable purpose;

• (b) that to carry it out would not be unfair;

• (c) that the scheme provides for there to be fair recompense to each member of the crofting community in the area affected by the development for the effects of the development (including, in relation to the croft land of each such member, recompense at least equivalent to the recompense which the member might be expected to have obtained had that croft land been resumed); and

• (d) that, were the development carried out—

• (i) that community would be likely to benefit financially; and

• (ii) such benefit would be at least commensurate with any financial benefit which the members of that community might obtain on the development proceeding other than by virtue of this section.

• (3) For the purposes of subsection (2) above—

• (a) the definition of “reasonable purpose” in subsection (3) of section 20 of this Act applies as it does for the purposes of subsection (1) of that section;

• (b) it is unfair to carry out a development only where to do so would have significant adverse consequences for one or more of the members of the crofting community in the area affected by the development and either those consequences would be disproportionately greater than the adverse consequences for the other members of that community or there would be no adverse consequences for those other members;

• (c) whether recompense is fair is to be determined having regard both to the value of the development and to its effect on the member in question; and

• (d) an effect for which there is to be fair recompense may be an effect of any kind whatsoever (and in particular need not be an effect on a croft qua croft).

• (4) An application under paragraph (a) of subsection (1) above or intimation under paragraph (b) of that subsection shall—

• (a) be made in such form; and

• (b) be accompanied by such fee,

as the Court shall specify; and the Court may make different provision for different categories of case.

• (5) Provision made under subsection (4)(a) above shall include provision as to the form and content of the appended scheme.

• (6) A person making an application under paragraph (a) of subsection (1) above or giving intimation under paragraph (b) of that subsection shall forthwith give public notification of the application or intimation.

• (7) Within 28 days after the public notification is given (including the day on which given)—

• (a) the Commission; or

• (b) any other interested party,

may submit to the Court written objections, on one or more of the grounds mentioned in subsection (8) below, as respects the application or intimation; and the Court shall hear the objectors (if any) before determining whether to give consent under this section or as the case may be before determining whether to proceed under subsection (10) below as respects the intimation.

• (8) The grounds are—

• (a) that the development is not for a reasonable purpose (the definition of “reasonable purpose” in subsection (3) of section 20 of this Act applying for the purposes of this paragraph as it applies for the purposes of subsection (1) of that section);

• (b) that to carry out the development would be unfair to the crofting community;

• (c) in the case of a submission under paragraph (a) of subsection (7) above, that the scheme does not provide for there to be fair recompense to each member of the crofting community;

• (d) in the case of a submission under paragraph (b) of subsection (7) above—

• (i) that to carry out the development would be unfair to the objector;

• (ii) that the scheme does not provide for there to be fair recompense to the objector;

• (e) that, were the development to be carried out, the crofting community would be unlikely to benefit financially;

• (f) that, were the development to be carried out, any financial benefit to the crofting community would not be as mentioned in sub-paragraph (ii) of subsection (2)(d) above.

• (9) The Court shall, whether or not there is a hearing under subsection (7) above, give reasons for any such determination.

• (10) On—

• (a) giving consent under this section; or

• (b) determining to proceed under this subsection as respects an intimation,

the Court shall advise the Commission that it has done so and provide them with a copy of the scheme in accordance with which the development is to take place; and the Commission shall enter that copy in the Register of Crofts.

• (11) When so entered the scheme shall, in so far as its terms so provide, be binding on—

• (a) the landlord (or owner);

• (b) any member of the crofting community in the area affected by the development;

• (c) any person who, though not described in paragraph (b) above, is—

• (i) a tenant of a croft; or

• (ii) a holder of grazing rights,

in that area; and

• (d) the successors to the persons mentioned in paragraphs (a) to (c) above.

Crofter’s right to share in value of land resumed by landlord.

Decrofting in case of resumption or vacancy of croft.

21A

• (1) The Land Court may, on the application of any relevant person and on being satisfied that the conditions specified in subsection (2) below are met, make an order that land resumed by virtue of section 20(1) of this Act shall revert to being a croft (or to being part of a croft).

• (1A) In relation to land which, before being resumed as mentioned in subsection (1), was an unregistered croft (or part of such a croft), an order under that subsection does not take effect until the croft is registered by virtue of section 4 of the 2010 Act.

• (1B) In relation to land which, before being resumed as mentioned in subsection (1), was a registered croft (or part of such a croft)—

• (a) an order under that subsection expires at the end of the period of 3 months beginning with the date on which the order was made unless an application for registration of the making of the order is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;

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

• (1C) In its application to a registered common grazing, subsection (1B) is to construed as if the reference in paragraph (a) to section 5 of the 2010 Act were a reference to section 25 of that Act.

• (2) The conditions are—

• (a) no debt is for the time being secured by way of a standard security over, or over any real right in, the land or any part of it;

• (b) except in the case of a temporary resumption, not less than 5 nor more than 20 years have elapsed since the resumption of the croft was authorised;

• (c) the purpose for which the landlord desired to resume the croft has not been carried out;

• (d) no planning permission relating to a change of the use of the land subsists;

• (e) the land remains suitable for use by crofters for cultivation; and

• (f) the land is owned by the person who was authorised to resume the croft.

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

• (4) Where land reverts by virtue of subsection (1) above, the Land Court may make such order (if any) as it thinks fit as to the repayment, in whole or in part, of any sum awarded as compensation under section 20(1), or any share in value paid by virtue of section 21(1), of this Act.

• (5) Where land which reverts by virtue of subsection (1) above or under section 20(1B) of this Act comprises a common grazing, the Land Court may make such order as it thinks fit as to shares in the common grazing.

• (6) “Relevant person”in subsection (1) above means the Commission, the landlord, the person who surrendered the land or, where the land comprises a common grazing, the owner or the grazings committee.

Absentee crofters.

Provisions supplementary to s.24(3).

Provisions as to removal of crofter.

Compensation to crofter for improvements.

Consideration payable in respect of acquisition of croft land.

38A

• (1) Any crofter who is the tenant of a croft situated in the township in relation to which a reorganisation scheme is made or the landlord of any such croft or any owner-occupier crofter whose croft is situated in the township or the owner of any common grazing associated with the township or the owner of any land included in the scheme by virtue of subsection (3)(a) of section 38 of this Act may, within 42 days after the Commission serve a copy of the reorganisation scheme on him under subsection (8)(b) of that section, appeal ..., on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court against—

• (a) the Commission's decision to reorganise the township; or

• (b) the scheme.

• (2) For the purposes of this section, the references in section 52A(3) to a “direction” and to “making” a direction are to be construed as including, respectively, references to a reorganisation scheme and to preparing such a scheme.

• (3) In an appeal under this section, the Court may—

• (a) confirm the decision and the scheme;

• (b) confirm the decision and require the Commission to—

• (i) make, by a date specified by the Court, such modifications to the scheme as the Court directs; and

• (ii) serve a copy of the modified scheme on each of the persons mentioned in section 38(10) of this Act; or

• (c) revoke the Commission's decision.

Putting into effect of reorganisation schemes.

Obtaining of information by Commission.

Crofters.

Supplementary provisions as to loans under s.42.

46A

• (1) The Scottish Ministers may in accordance with regulations made by them under subsection (2) below provide loans to—

• (a) crofters;

• (b) cottars;

• (ba) owner-occupier crofters;

• (c) owners of holdings to which section 46(2) of this Act applies.

• (2) Regulations under this subsection may make provision as to—

• (a) who is to be eligible for a loan;

• (b) the amount which may be lent;

• (c) the circumstances under which, and the purposes for which, a loan may be provided;

• (d) the terms and conditions applicable to any loan;

• (e) arrangements for recording documents in connection with a loan in the Register of Crofts, the Land Register of Scotland or the Register of Sasines;

• (f) arrangements for recovery of any loan (whether or not in its entirety) when the borrower dies;

• (g) arrangements for assignation of the borrower's liabilities in consequence of the borrower dying or no longer occupying the holding in respect of which the loan was provided.

Appointment, etc., of grazings committee or grazings constable.

Powers and duties of grazings committees.

Common grazings regulations.

Obtaining of information by Commission.

50A

• (1) A crofter who holds a right in a common grazing, or a grazings committee, may, with the agreement of the Commission, enter into a written agreement with the owner of the common grazing that they shall engage in a joint forestry venture to use woodlands as part of the common grazing concerned; and subject to subsection (4) below that agreement shall bind the parties to it and their successors.

• (2) Subject to the terms of any agreement under subsection (1) above, where there are, on part of a common grazing which is to be used as woodlands by virtue of section 50 of this Act, trees other than such as are mentioned in paragraph 11(d) of Schedule 2 to this Act, the owner and the grazings committee may agree—

• (a) that those trees are to be sold to the committee at current value; or

• (b) that the owner is to be entitled to a share of the timber obtained from such use, being a share which is proportionate having regard to the numbers, respectively, of those trees and of the trees planted (or obtained from planned natural regeneration of the trees planted) in the course of such use.

• (3) Where an agreement is entered into under subsection (1) or (2) above, a copy of that agreement shall be lodged with the Commission.

• (4) The persons who for the time being are bound by the agreement in question may by written agreement lodged with the Commission under this subsection amend the agreement lodged under subsection (3) above (or as the case may be that agreement as last amended under this subsection).

• (5) Any person who is for the time being bound by an agreement under subsection (2) above may appeal to the Land Court against a valuation carried out by virtue of paragraph (a), or the assessment of a share entitlement carried out by virtue of paragraph (b), of that subsection.

• (6) In an appeal under subsection (5) above, the Land Court may reassess the value or entitlement in question.

• (7) The valuer whose valuation is appealed against may be a witness in the appeal proceedings.

• (8) In subsection (2)(b) above “planned natural regeneration” means regeneration which takes place in accordance with—

• (a) an agreement entered into under or by virtue of this Act or of any other enactment; or

• (b) the conditions of—

• (i) any grant for purposes which include such regeneration and which is paid out of the Scottish Consolidated Fund; or

• (ii) such other grant of a public nature as may be prescribed.

Use of common grazing for other purposes

50B

• (1) A crofter who holds a right in a common grazing may propose to the grazings committee (or, if there is no grazings committee, to the grazings constable) that a part of the common grazing be used other than for—

• (a) grazings or a purpose mentioned in section 52(9) of this Act; or

• (b) woodlands.

• (2) The use proposed must not be such as would be detrimental to—

• (a) the use being made, as at the time of application, of the other parts of the common grazing; or

• (b) the interests of the owner.

• (3) On receipt of a proposal made under subsection (1) above the grazings committee (or as the case may be the grazings constable) shall, for the purpose of there being a discussion and vote on the proposal, summon a meeting of the crofters who share in the common grazing.

• (4) Regulations under section 49(2)(g) of this Act shall, in relation to any meeting so summoned, provide that—

• (a) the time, place and purpose of the meeting (including the proposal in question) should be—

• (i) set out in a notice sent by registered post to each of those crofters and to the owner; and

• (ii) intimated by public notification,

at least 28 days before the meeting; and

• (b) the grazings committee (or grazings constable) shall, in sending such notice to the owner—

• (i) invite him to give his views as to the proposal; and

• (ii) afford him the opportunity to discuss it, at such reasonable time before the meeting as is convenient to him, with a member of the committee (or with the grazings constable);

• (c) at the meeting any views so given (or disclosed in discussion) shall be made known to the crofters attending;

• (d) subject to subsection (5) below, the vote on the proposal shall be by simple majority of the votes cast by the crofters attending (a crofter being entitled to a single vote for each share in the common grazing which he holds);

• (e) the result of the vote shall be declared at the meeting; and

• (f) the owner shall be advised by the grazings committee (or grazings constable), by written notice given within two weeks after the meeting takes place, of its outcome (that is to say, of whether the proposal has been accepted or rejected, of the number of crofters present, of the numbers of votes, including votes by proxy or by post, respectively for and against and of the number of crofters attending but abstaining) and, if the vote is in favour of the proposal, of what subsection (6) of this section requires to be done.

• (5) A crofter who is unable to attend the meeting so summoned but who has notified the grazings committee (or grazings constable) of that circumstance may vote by proxy or by post (provided that any vote posted shall be valid only if received by the committee before the meeting).

• (6) If the vote is in favour of the proposal the committee (or grazings constable) shall... apply to the Commission seeking their approval for its implementation.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enlargement of common grazings.

51A

• (1) The Commission shall have power, on the application of the owner of any eligible land, to constitute the land as a common grazing by entering it as such, in accordance with section 41 of this Act, in the Register of Crofts; but no such entry shall be made until the period mentioned in section 52A(2) of this Act has elapsed without any appeal to the Land Court being made or until any such appeal timeously made is decided or abandoned.

• (2) The Commission shall, on receipt of any such application, give public notification of it; and such notification shall specify a period within which comments as regards the application, being comments of the description given in subsection (10) below, may be made.

• (3) After the period mentioned in subsection (2) above has elapsed the Commission—

• (a) shall determine whether to exercise their power under subsection (1) above; and

• (b) shall give public notification of that determination.

• (4) In so determining the Commission shall have regard to—

• (a) such written comments, if any, as are duly made by virtue of subsection (2) above;

• (b) the public interest and the interests of the crofting community in the locality of the land; and

• (c) whether social or economic benefits might be expected as a consequence of constituting the land as a common grazing.

• (5) Land is eligible land for the purposes of subsection (1) above only if it is—

• (a) neither tenanted nor occupied by a cottar;

• (b) situated in the crofting counties but not constituted as a croft; and

• (c) not adjacent or contiguous to a croft.

• (6) The owner and the persons who are to share in the common grazing shall agree in writing what the use of the common grazing is to be; and subject to subsection (8) below that agreement shall bind –

• (a) the owner and those persons; and

• (b) the successors of the owner and of those persons;

and a copy of the agreement shall be lodged with the Commission.

• (7) The use mentioned in subsection (6) above may be for (any or all)—

• (a) grazings;

• (b) a purpose mentioned in section 52(9) of this Act;

• (c) woodlands;

• (d) a purpose other than is mentioned in paragraphs (a) to (c) above,

and in the agreement different provision may be made for different parts of the common grazing.

• (8) The persons who for the time being are the owner and the persons sharing in the common grazing may by written agreement lodged with the Commission under this subsection amend the agreement lodged under subsection (6) above (or as the case may be that agreement as last amended under this subsection).

• (9) Section 6 of this Act applies in relation to land constituted as a common grazing under this section as it applies in relation to a croft.

• (10) The description is that the comments are made in writing or in another form 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).

• (11) For the purposes of subsection (10) above (and without prejudice to the generality of that subsection), comments are to be treated as made in writing where they are—

• (a) transmitted by electronic means;

• (b) received in legible form; and

• (c) capable of being used for subsequent reference.

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

Appeal to Land Court: general

52A

• (1) An appeal shall lie to the Land Court, on one or more of the grounds mentioned in subsection (3) below, against—

• (a) any decision, determination or direction of; or

• (b) the imposition of a condition by,

the Commission on an application made to them under this Act.

• (2) The appeal—

• (a) is to be made..., at the instance of the applicant or of any person with an interest in the application; and

• (b) must be brought within 42 days after the Commission dispose of the application.

• (3) The grounds are that the Commission, in reaching their decision or as the case may be in determining as they did, in making their direction or in imposing the condition in question—

• (a) erred on a point of law;

• (b) made a finding as to a fact material to the decision, determination, direction or imposition but did not have sufficient evidence on which to base that finding;

• (c) acted contrary to natural justice,

• (d) took into account certain irrelevant or immaterial considerations;

• (e) failed to take into account certain relevant or material considerations;

• (f) exercised their discretion in an unreasonable manner.

• (4) In an appeal under subsection (1) above the Court may—

• (a) confirm the decision, determination, direction or imposition;

• (b) direct the Commission to come to a different decision, make a different determination or direction or impose a different (or no) condition; or

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

• (4A) The Court may, if it considers it appropriate in consequence of any decision on an appeal under subsection (1), order the Keeper to rectify the Crofting Register.

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

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

• (6) Subsections (1), (2) and (4) above do not apply where an appeal lies under section ... 25(8) or 38A of this Act.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdictional provisions.

Extent of boundaries

53A

Where an application is made to the Land Court to determine a question under section 53(1)(c) of this Act and the evidence available to the Court is insufficient to enable any boundary to be clearly determined, the Court shall declare the boundary to be that which in all the circumstances it considers appropriate.

Access to croft

53B

• (1) Where a crofter considers that—

• (a) he requires access from a public road to his croft; and

• (b) it would be reasonable for such access to be taken by a route lying wholly over land owned by his landlord,

the crofter may make application to the Land Court for an order under subsection (2) below.

• (2) On an application under subsection (1) above, the Land Court shall make such order as it considers appropriate in all the circumstances, and the order may in particular make provision—

• (a) specifying an access route from the public road to the croft lying wholly over land owned by the landlord;

• (b) as to the arrangements under which the crofter may carry out works to construct or improve a road over the access route;

• (c) as to the conditions subject to which access may be exercised, including conditions as to what types of vehicle may be taken along the access route;

• (d) requiring the crofter to indemnify the landlord in respect of any claim for compensation made against the landlord under paragraph 11 of Schedule 2 to this Act in consequence of works such as are described in paragraph (b) above;

• (e) requiring the crofter to make a payment to the landlord in respect of expenses incurred by the landlord in connection with matters which are the subject of the application.

• (3) Any order under subsection (2) above shall have effect as if the matters for which the order makes provision had been the subject of an agreement between the crofter and the landlord.

• (4) The right of a crofter to make application to the Land Court under subsection (1) above shall be without prejudice to any other right which that crofter may have in connection with access to his croft.

New common grazing

Public notification

55A

• (1) For the purposes of this Act, public notification shall be given by publishing or causing to be published a notice in appropriate form in one or more newspapers circulating in the district in which the croft or, as the case may be, common grazing to which the application relates (or in the case of public notification under section 50B(4)(a)(ii) the regulations relate) is situated.

• (2) A notice is in appropriate form if—

• (a) its form and content comply, or do so as far as is reasonably practicable, with the form and content specified by the Commission for an application of that type (or as the case may be for regulations under section 49(2)(g) of this Act); and

• (b) it specifies—

• (i) the purpose of the application to which it relates (or in the case of regulations the matters which are required to be set out in it by virtue of section 50B(4)(a)(i) of this Act);

• (ii) a description of the croft land or, as the case may be, common grazing to which the application relates (or regulations relate); and

• (iii) in the case of an application, the period during which, and manner in which, objections may be made.

• (3) Where, in accordance with the provisions of this Act, a person giving public notification is also required to serve notice on a landlord, tenant or occupier of croft land to which the application relates or, if applicable, on the owner of, or a crofter sharing in, the common grazing, such notice shall be in the form required by subsection (2) above.

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

59A

• (1) The Commission shall discharge their functions in a manner which encourages equal opportunities and, in particular, the observance of the equal opportunities requirements.

• (2) In subsection (1) above, “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).

Powers and duties of grazings committees.

Application of Act to Crown.

Appeals to the Land Court etc

14

• (1) A member of the Commission or any other person who is in any way directly or indirectly interested in any matter brought up for consideration at a meeting of the Commission or of any committee of the Commission must disclose the nature of that interest to the meeting.

• (2) Such a disclosure must be recorded in the minutes of the meeting.

• (3) A member or other person making such a disclosure must not take part in any deliberation or decision of the Commission or of any committee of the Commission with respect to the matter to which the disclosure relates.

15

• (1) The Commission may authorise—

• (a) any of their members;

• (b) any of their committees;

• (c) their chief executive;

• (d) any person whose services are provided to them by the Scottish Ministers;

• (e) any of their employees,

to exercise such of the Commission's functions (and to such extent) as they may determine.

• (2) Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of their functions.

6A

The crofter shall be responsible for ensuring, where the croft is sublet, that the subtenant adheres to the statutory conditions.

11A

Nothing in paragraph 11 above shall be held to allow, or require the crofter to allow, the landlord, or any person authorised by the landlord, to exercise unreasonably a right enjoyed by virtue of that paragraph.

Showing the derivation of the provisions of the Act

Exchange of crofts

4A

• (1) A crofter may not exchange his croft (or any part of his croft) for another croft (or part of another croft) unless—

• (a) he obtains the consent of—

• (i) the landlord of his croft; and

• (ii) the Commission;

• (b) the exchanging crofters have the same landlord; and

• (c) that landlord is the owner of any common grazing in which the crofters share.

• (2) The consent of the Commission shall not be given unless they are satisfied that the consent mentioned in paragraph (a)(i) of subsection (1) above has been obtained.

• (2A) Where consent is applied for under subsection (1) in relation to an unregistered croft (or any part of such a croft), the Commission—

• (a) may not grant that consent unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for consent was made;

• (b) need not, during that 6 month period, consider the application for consent until an application for first registration of the croft is submitted.

• (2B) In relation to a registered croft, or any part of such a croft, (other than a first registered croft)—

• (a) any consent of the Commission to the exchange of the croft expires at the end of the period of 3 months beginning with the date on which such consent was given unless an application for registration of the exchange of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;

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

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

• (4) A new croft is not created by virtue only of such exchange.

The statutory conditions.

Termination of tenancy for misuse or neglect

Crofter’s right to share in value of land resumed by landlord.

Assignation of croft.

Division of croft

Commission consent for absence from croft

Intestacy.

Authorisation by Land Court of acquisition of croft land.

Provisions relating to conveyance.

Crofter’s right to share in value of land resumed by landlord.

Reversion of resumed land

Vacant crofts.

Decrofting in case of resumption or vacancy of croft.

Crofters.

Miscellaneous provisions regarding subleases of crofts.

Letting of owner-occupied crofts

Assessment of compensation for improvements.

Appeal to Land Court: special provision as respects reorganisation schemes

Putting into effect of reorganisation schemes.

Use of common grazing for other purposes

Register of Crofts.

Crofters.

Appointment, etc., of grazings committee or grazings constable.

Use of common grazings for forestry purposes.

Jurisdictional provisions.

Use of common grazing for other purposes

Variation of conditions on approval or consent

Variation of conditions on approval or consent

Appeal to Land Court: general

Jurisdictional provisions.

Extent of boundaries

Access to croft

Service of notices

Public notification

Provisions as to compulsory purchase of land and as to management of land.

58A

• (1) Any requirement, under or by virtue of this Act, to obtain the approval or consent of the Commission, shall (subject to any express provision made by this Act in respect of any category of case) be complied with as follows.

• (2) The application for approval or consent must—

• (a) be in such form; and

• (b) be accompanied by such documents and fee,

as the Commission shall specify; and the Commission may make different provision for different categories of case.

• (3) Subject to subsection (5B), The person making the application shall—

• (a) forthwith give public notification of it; and

• (b) if he is not the landlord (or, where the land to which the application relates is, or is part of, a common grazing, not the owner) give written notification of it to the landlord (or to the owner).

• (4) Within 28 days after public notification of an application made in compliance with subsection (2) above—

• (a) the landlord (or where the land to which the application relates is, or is part of, a common grazing, the owner);

• (b) any member of the crofting community in the locality of that land (including, where that land is, or is part of, a common grazing, the grazings committee or any crofter who shares in the grazing); ...

• (c) any other person if he is identified for the purposes of this subsection by the provision which imposes the requirement mentioned in subsection (1) above; or

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

may submit to the Commission an objection as regards the application, being an objection of the description given in subsection (16) below.

• (5) The 28 days mentioned in subsection (4) above include the day on which the notification in question is given.

• (5A) Despite subsection (4), the Commission may accept an objection submitted after the end of the 28-day period if they consider there is a good reason why the objection is late.

• (5B) Where the application is an application for consent to divide a croft under section 9 made by an executor under section 10(4A)—

• (a) subsections (3) to (5A);

• (b) in subsection (6), the words “When those 28 days have elapsed”;

• (c) in subsection (12A), paragraph (b); and

• (d) subsections (16) and (17),

do not apply.

• (6) When those 28 days have elapsed the Commission must, subject to subsection (6A), decide the application by —

• (a) granting it;

• (b) granting it subject to conditions; or

• (c) refusing it.

• (6A) Where—

• (a) the application for consent to divide the croft is made by an executor under section 10(4A); and

• (b) it relates to a bequest of the tenancy of the part of the croft comprising the site of the dwelling-house on or pertaining to the croft to one natural person and the tenancy of the remaining part to one other such person,

the Commission must grant the application (whether or not subject to conditions).

• (7) In considering their decision on the application, the Commission must have regard to the following—

• (a) in the case of an application relating to a croft—

• (i) whether any person is or will be ordinarily resident on, or within 32 kilometres of, the croft;

• (ii) whether the croft is being or will be cultivated or put to such other purposeful use as is consented to under section 5C(4);

• (b) the interests of the estate which comprises the land to which the application relates;

• (c) the interests of the crofting community in the locality of that land;

• (d) the sustainable development of that crofting community;

• (e) the interests of the public at large;

• (f) any objections received under subsection (4) or (5A);

• (g) any plan of the Commission approved and published under section 2C;

• (h) any other matter which the Commission consider relevant.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) Subject to any other provision of this Act as to procedure, the Commission may determine by such procedure and arrangements (including arrangements as to delegation and the powers and duties of persons delegated) as they consider appropriate whether or not to grant the approval or consent applied for or grant it subject to conditions .

• (12) Where the Commission grant the approval or consent applied for they shall enter the proposal or the matter consented to (and if and in so far as they think fit any information obtained by them by virtue of subsection (2) above and pertaining to that proposal or matter) in the Register of Crofts ....

• (12A) The Commission must, before the expiry of the period of 21 days beginning with the day on which the decision under subsection (6) is taken, give notice of that decision—

• (a) to the applicant;

• (b) to any person who objected under subsection (4) or (5A); and

• (c) where appropriate and in so far as not already given notice under paragraph (a) or (b), to—

• (i) the crofter;

• (ii) the owner-occupier crofter;

• (iii) the landlord; and

• (iv) as the case may be, the grazings committee.

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) The description is that the objection is made in writing or in another form 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).

• (17) For the purposes of subsection (16) above (and without prejudice to the generality of that subsection), an objection is to be treated as made in writing where it is—

• (a) transmitted by electronic means;

• (b) received in legible form; and

• (c) capable of being used for subsequent reference.

Equal opportunities

Interpretation.

Transitional provisions and savings, and repeals.

3A

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

3B

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

5A

In sub-paragraphs (b) and (c) of paragraph 5 above, “relevant notice” means notice given by the landlord to the crofter not to do, or not to allow, a particular thing or not to engage in a particular course of conduct (being a thing or course of conduct specified in the notice and relevant to the deterioration or prejudice in question).

NOTE: The following abbreviations are used in this Table—

Owner-occupied crofts: duties of certain owners

19B

• (1) In this Act, a person is an “owner-occupier crofter” if all the conditions in subsections (2) to (4) are satisfied.

• (2) The first condition is that the person is the owner of a croft.

• (3) The second condition is that the person—

• (a) was the crofter of the croft at the time of acquiring it (or is such a crofter's successor in title);

• (b) acquired title to the croft as the nominee of a crofter (or is such a nominee's successor in title); or

• (c) purchased the croft from the constituting landlord (or is such a purchaser's successor in title).

• (4) The third condition is that the croft has not been let to any person as a crofter either by virtue of section 26J or otherwise—

• (a) at any time since it was acquired as mentioned in subsection (3)(a) or (b); or

• (b) at any time since it was constituted as mentioned in subsection (6)(a).

• (5) In this Act, an “owner-occupied croft” means a croft owned by an owner-occupier crofter; and “owner-occupier's croft” is to be construed accordingly.

• (6) For the purposes of subsection (3)(c), the “constituting landlord” is—

• (a) the owner of the land at the time the land was constituted as a croft under section 3A; or

• (b) such an owner's successor in title immediately before the croft is sold to the purchaser mentioned in subsection (3)(c).

Letting of owner-occupied crofts

29A

• (1) An owner-occupier crofter may not let the owner-occupier's croft (or any part of it) without the consent of the Commission.

• (2) Subject to subsection (7), where consent is applied for under subsection (1) in relation to an unregistered owner-occupied croft (or any part of such an owner-occupied croft), the Commission—

• (a) may not grant that consent unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for consent was made;

• (b) need not, during that 6 month period, consider the application for consent until an application for first registration of the croft is submitted.

• (3) Subject to subsection (8), in relation to a registered owner-occupied croft (other than an owner-occupied croft which is a first registered croft), or any part of such a croft—

• (a) any consent under subsection (1) expires at the end of the period of 3 months beginning with the date on which such consent was granted unless an application for registration of the letting of the croft (or part of the croft) is made by virtue of section 5 of the 2010 Act before the expiry of that period;

• (b) the letting of the croft (or part of the croft) takes effect on the date of registration.

• (4) The Commission may, in giving their consent to a proposed lease of an owner-occupied croft for a period not exceeding 10 years (a “short lease”), impose such conditions (other than any relating to rent) as they consider appropriate.

• (5) A lease is void if it is granted—

• (a) without the Commission's consent;

• (b) in the case of a short lease, otherwise than in accordance with such conditions as the Commission may impose.

• (6) The Commission may terminate a short lease granted under this section if—

• (a) a condition imposed under subsection (4) is breached; or

• (b) the tenant fails to comply with a condition of let (other than any relating to rent).

• (7) Subsection (2) does not apply to an application for consent to a proposed lease which is a short lease.

• (8) Subsection (3) does not apply to—

• (a) consent under subsection (1) to a short lease; or

• (b) the letting of the croft (or part of the croft) on a short lease.

• (9) Where, by virtue of a lease granted under this section, a right in a common grazing is let to the tenant under the lease—

• (a) that tenant comes into the place of the owner-occupier crofter in relation to any matter which concerns the right; and

• (b) any grazings regulations applicable to the grazing apply to the tenant accordingly.

• (10) Subsections (1) to (6) do not apply to the letting of any dwelling-house or other building forming part of the owner-occupied croft to holiday visitors.

29B

The tenant under a short lease of an owner-occupied croft is not to be treated as—

• (a) a crofter; or

• (b) the tenant under a lease constituting—

• (i) a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11);

• (ii) a short limited duration tenancy within the meaning of that Act; or

• (iii) a limited duration tenancy within the meaning of that Act.

2A

• (1) The Scottish Ministers may, by order—

• (a) confer functions on;

• (b) remove functions from;

• (c) otherwise modify functions of,

the Commission.

• (2) The Scottish Ministers may make an order under subsection (1) only where they consider it appropriate to do so to ensure that the Commission carry out their functions efficiently and effectively.

• (3) An order under subsection (1) may—

• (a) confer on the Commission a function exercisable under this Act by the Scottish Ministers (other than a function to make regulations or orders);

• (b) modify any enactment (including this Act).

4

• (1) This section applies where an owner of land—

• (a) which is not a croft; and

• (b) which does not form part of a croft,

agrees to grant a tenancy of that land to a crofter.

• (2) The owner and the crofter may apply jointly to the Commission for a direction that the land is to form part of a croft of which the crofter is tenant.

• (3) Where a croft such as is mentioned in subsection (2) is an unregistered croft, the Commission—

• (a) must not make a direction under subsection (4) unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for the direction is made;

• (b) need not, during that 6 month period, consider the application for the direction until an application for first registration of the croft is submitted.

• (4) The Commission may make a direction if they are satisfied that the enlargement of the croft—

• (a) would be of benefit to the croft or to the crofter;

• (b) would not result in the area of the enlarged croft substantially exceeding 30 hectares.

• (5) Where the Commission make a direction in relation to an unregistered croft or a first registered croft, the land forms part of the croft with effect from the later of—

• (a) the date of the direction; or

• (b) the date of entry under the tenancy.

• (6) Where the Commission make a direction in relation to a registered croft (other than a first registered croft)—

• (a) the direction expires at the end of the period of 3 months beginning with the date on which the direction is made unless an application for registration of the enlargement of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;

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

• (7) For the purposes of section 6 and paragraph 1 of schedule 2, the rent payable for the enlarged croft is the rent agreed by the landlord and the crofter.

• (8) In subsections (5) and (6), “first registered croft” means a croft mentioned in section 5(2) of the 2010 Act.

The statutory conditions.

Complaint as respects breach of the statutory conditions

Crofters' duties relating to residency, use, misuse and neglect of crofts

Crofters: residency duty

5AA

A crofter must be ordinarily resident on, or within 32 kilometres of, that crofter's croft.

5C

• (1) A crofter must comply with each of the duties set out in subsection (2).

• (2) Those duties are that the crofter—

• (a) must—

• (i) cultivate the croft; or

• (ii) put it to another purposeful use,

so that every part of the croft which is capable of being cultivated or put to another purposeful use either is cultivated or is put to such use;

• (b) must keep the croft in a fit state for cultivation (except in so far as the use of the croft for another purposeful use is incompatible with the croft being kept in such a state).

• (3) Without prejudice to the generality of paragraph (b) of subsection (2), in determining whether that paragraph is complied with, regard is to be had to whether appropriate measures (which may include the provision of drainage) are routinely undertaken, where requisite and practicable, to control or eradicate vermin, bracken, whins, broom, rushes and harmful weeds.

• (4) A crofter may only put the croft to a use mentioned in subsection (2)(a)(ii) if—

• (a) the landlord has consented to the use (unconditionally or subject to conditions acceptable to the crofter); or

• (b) the Commission have consented to the use.

• (5) But a crofter may not apply to the Commission for consent under subsection (4)(b) until—

• (a) the landlord has refused consent (or granted consent subject to conditions unacceptable to the crofter); or

• (b) the period of 28 days, commencing with the date on which the request for the consent of the landlord was made, has expired,

whichever occurs first.

• (6) The Commission must, on receipt of such an application for consent—

• (a) consult, as regards the proposed purposeful use, the landlord and the members of the crofting community in the locality of the land; and

• (b) if the proposed purposeful use—

• (i) constitutes a change for which planning permission is required; or

• (ii) by virtue of any enactment (other than this Act) requires any other permission or approval,

require it to be shown that the permission or approval has been given.

• (7) The Commission must decide the application within 28 days after receiving it; and if they give their consent may impose such conditions as they think fit.

• (8) In this Act—

• “cultivate” includes the use of a croft for horticulture or for any purpose of husbandry, including the keeping or breeding of livestock, poultry or bees, the growing of fruit, vegetables and the like and the planting of trees and use of the land as woodlands;

• “purposeful use” means any planned and managed use which does not adversely affect—the croft;the public interest;the interests of the landlord or (if different) the owner; orthe use of adjacent land.

Bequest of croft.

Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house.

Authorisation by Land Court of acquisition of croft land.

19C

• (1) An owner-occupier crofter must comply with each of the duties set out in subsection (2).