Legalize / United Kingdom / Public General Act

Crofters (Scotland) Act 1993

Type Public General Act

Publication 1993-11-05

Last updated 2013-07-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) The Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (7) and (8) if—

(a) no proposals for letting the croft are submitted by the owner-occupier crofter before the expiry of the period mentioned in subsection (1);

(b) the owner-occupier crofter has submitted one or two proposals for letting the croft within the period mentioned in subsection (1) and—

(i) all such proposals are rejected by the Commission; and

(ii) the period mentioned in subsection (1) has expired; or

(c) the owner-occupier crofter has submitted three proposals for letting the croft (within the period mentioned in subsection (1)) and the Commission have rejected all three.

(5) Any letting of an unregistered owner-occupied croft in accordance with proposals submitted under subsection (1) is void unless an application for first registration of the owner-occupied croft is submitted before the expiry of the period of 3 months beginning with the date of the letting.

(6) In relation to a registered owner-occupied croft—

(a) any approval under subsection (3) of a proposal for letting the owner-occupied croft under subsection (1) expires at the end of the period of 3 months beginning with the date on which the approval was given unless an application for registration of the letting of the owner-occupied croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;

(b) the letting of the owner-occupied croft takes effect on the date of registration.

(7) The Commission must, by public notification, invite applications for letting the owner-occupied croft before the expiry of the period specified in the notification.

(8) When the period of notification has ended, the Commission must decide—

(a) to which of the applicants (if any) to let the owner-occupied croft; and

(b) after consulting the owner-occupier crofter, on what conditions to let the croft.

(9) Any letting of an unregistered owner-occupied croft pursuant to a decision under subsection (8) is void unless an application for first registration of the owner-occupied croft is submitted before the expiry of the period of 3 months beginning with the date of the letting.

(10) In relation to a registered owner-occupied croft—

(a) any decision under subsection (8) to let the owner-occupied croft to an applicant is, at the end of the period of 3 months beginning with the date on which the decision was made, to be treated as if it had not been made unless an application for registration of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;

(b) the letting of the owner-occupied croft takes effect on the date of registration.

(11) Where an owner-occupied croft has been let on conditions set by the Commission under subsection (8)(b), the owner-occupier crofter may, before the expiry of the period of 28 days beginning with the day of the letting, apply to the Land Court for a variation of the conditions so set.

(12) If the Land Court, on an application under subsection (11), varies the conditions of let, any variation takes effect as from the date of the letting.

26K

(1) A relevant person may appeal to the Land Court against a decision of the Commission under section 26C(5) that a duty is not being complied with.

(2) A relevant person may appeal to the Land Court against a decision of the Commission under section 26D—

(a) not to accept an undertaking;

(b) to impose conditions on such an undertaking.

(3) A relevant person may appeal to the Land Court against—

(a) the making by the Commission of an order under section 26H; or

(b) the giving by the Commission of a direction under section 26J.

(4) An appeal under subsection (3) may include an appeal against a division under section 26G of (as the case may be)—

(a) the croft; or

(b) the owner-occupied croft.

(5) An appeal under subsection (2) or (3) must be made before the expiry of the period of 42 days beginning with the day on which the decision, order or direction is made.

(6) An appeal under subsection (2) or (3) may be made only on one or more of the following grounds—

(a) that the Commission erred in law;

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

(d) that the Commission took into account certain irrelevant or immaterial considerations;

(e) that the Commission failed to take into account certain relevant or material considerations;

(f) that the Commission exercised their discretion in an unreasonable manner.

(7) In an appeal under this section, the Land Court may—

(a) confirm or revoke the decision, order or direction;

(b) direct the Commission to make a different decision, order or direction;

(8) The Commission must give effect to the decision of the Land Court on an appeal under this section.

(9) The Land Court may, if it considers it appropriate in consequence of any decision on an appeal under subsection (3), order the Keeper to rectify the Crofting Register.

Status of tenant under a short lease

Assessment of compensation for improvements.

Appeal to Land Court: special provision as respects reorganisation schemes

Putting into effect of reorganisation schemes.

Annual notices

Crofters.

Cottars

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

Powers and duties of grazings committees.

AGrazings committees: duty to report

Joint forestry ventures etc.

51

(1) This section applies where—

(a) an owner of land to which this Act does not apply agrees to grant rights in any pasture or grazing land to the crofters sharing in a common grazing; and

(b) the owner and the crofters agree that such land will form part of the common grazing.

(2) The owner and the crofters may apply jointly to the Commission for a direction that the land is to form part of the common grazing.

(3) The Commission may make a direction if they are satisfied that the enlargement of the common grazing would be of benefit to the common grazing or the crofters sharing in it.

(4) Where the Commission make a direction in relation to an unregistered common grazing, the land forms part of the common grazing from the later of—

(a) the date of the direction; or

(b) the date on which the rights mentioned in subsection (1)(a) are first exercisable.

(5) Where the Commission make a direction in relation to a registered common grazing—

(a) the direction expires at the end of the period of 3 months beginning with the date on which the direction is made unless an application for registration of the enlargement of the common grazing is submitted by virtue of section 25 of the 2010 Act before the expiry of that period;

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

Appeal to Land Court: general

Extent of boundaries

Access to croft

Service of notices

Public notification

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

58B

(1) This section applies where the Commission grant, subject to conditions, an application under section 58A for their approval or consent.

(2) The Commission may, on an application to them by the person who applied for the approval or consent (the “original applicant”), modify the conditions imposed by—

(a) varying a condition;

(b) removing a condition;

as they consider appropriate.

(3) Where the Commission so modify conditions they must, before the expiry of the period of 14 days beginning with the day on which they do so, give notice of their decision to—

(a) the original applicant;

(b) any other person who was given written notification under section 58A(12A) of the decision to grant the approval or consent subject to conditions; and

(4) Subject to subsection (5), subsections (2) to (5A), (16) and (17) of section 58A apply to an application under subsection (2) of this section as they apply to an application under subsection (1) of that section.

(5) Where the original applicant is an executor who applied under section 10(4A) for consent to divide a croft under section 9, subsections (3) to (5A), (16) and (17) do not apply.

Regulations and orders

Application of Act to Crown.

Appeals to the Land Court etc.

SCHEDULE 1

Status

1

(1) The Commission are a body corporate.

(2) The Commission are not to be regarded as a servant of the Crown, nor are they to be regarded as having any status, privilege or immunity of the Crown.

(3) The Commission's members and employees are not to be regarded as civil servants.

(4) The Commission's property is not to be regarded as property of, or held on behalf of, the Crown.

General powers

2

(1) The Commission may do anything which they consider is necessary or expedient for the purpose of exercising or in connection with their functions.

(2) In particular, the Commission may—

(a) co-operate with any person in the exercise of the Commission's functions;

(b) with the approval of the Scottish Ministers, acquire and dispose of land and other property;

(d) charge, in respect of such of their functions as may be prescribed by the Scottish Ministers, such reasonable amounts as may be so prescribed.

Membership

3

(1) Subject to sub-paragraph (2), the Commission are to consist of no fewer than five and no more than nine members as follows—

(a) no fewer than two persons appointed by the Scottish Ministers (“appointed members”); and

(b) no more than six persons elected by virtue of paragraph 7 (“elected members”).

(2) The majority of members are to be elected members unless, by virtue of the appointment of a person by the Scottish Ministers under paragraph 6(3) or 9(3), such a majority cannot be maintained.

(3) The Scottish Ministers must select a member to chair the Commission (the “convener”).

(4) The Scottish Ministers may delegate to the Commission the duty to select a member to chair the Commission.

(5) A delegation under sub-paragraph (4) may be varied or revoked at any time.

(6) The Scottish Ministers may, by order, modify sub-paragraph (1) above to alter—

(a) the number of members;

(b) the number of appointed members;

but such an order may not contain provision to the effect that the majority of members would not be elected members.

Appointed members: eligibility

4

(1) In appointing members of the Commission, the Scottish Ministers must—

(a) ensure—

(i) that each person appointed has knowledge of crofting;

(ii) where sub-paragraph (2) applies, that at least one person appointed can speak the Gaelic language; and

(iii) where sub-paragraph (3) applies, that at least one person appointed appears to Ministers to represent the interests of landlords of crofts; and

(b) be satisfied that no person appointed has any financial or other interest that would be likely to affect prejudicially the exercise by that person of the functions of a member.

(2) This sub-paragraph applies where none of the elected members can speak the Gaelic language.

(3) This sub-paragraph applies where the Scottish Ministers consider that none of the elected members represents the interests of landlords of crofts.

(4) The fact that a person is—

(a) a crofter;

(b) a landlord of a croft;

(d) a cottar; or

(e) a member of the family of any such person,

does not of itself constitute an interest mentioned in sub-paragraph (1)(b).

(5) No person may be appointed as a member of the Commission if that person is, or has at any time during the previous year been, a member of—

(a) the House of Commons;

(b) the Scottish Parliament;

Appointed members: terms of appointment

5

Subject to this schedule, an appointed member holds and vacates office on such terms and conditions as the Scottish Ministers determine.

Resignation and cessation of membership

6

(1) A person may resign office as a member of the Commission at any time by notice in writing to the Scottish Ministers.

(2) A person who ceases to be a member of the Commission (other than by virtue of being removed under paragraph 9) is eligible to be a member of the Commission again (whether by re-appointment or otherwise)

(3) Where—

(a) an elected member resigns office under sub-paragraph (1) or otherwise ceases to be a member of the Commission (other than by virtue of being removed under paragraph 9); and

(b) is not replaced by a person such as is mentioned in sub-paragraph (4) (whether because of the person's refusal to accept office as a member or otherwise),

the Scottish Ministers may appoint (in addition to any person appointed under paragraph 3) a person to be a member of the Commission.

(4) The person referred to in sub-paragraph (3)(b) is a person who—

(a) was a candidate in the election by virtue of which the elected member mentioned in sub-paragraph (3)(a) held office as a member;

(b) polled, in that election, fewer votes than the elected member so mentioned; and

Elected members: regulations

7

(1) The Scottish Ministers may, by regulations, make provision for or in connection with the election of persons as members of the Commission.

(2) Without prejudice to the generality of sub-paragraph (1), the regulations may, in particular, make provision relating to—

(a) the voting system to be used for such elections;

(b) the frequency and timing of such elections;

(d) offences relating to such elections;

(e) the constituencies (including boundaries) in which such elections may be held

(f) persons who are eligible to vote in such elections (including by reference to the person's age);

(g) the appointment of an individual to act as the returning officer for each constituency;

(h) such an individual's—

(i) functions;

(ii) fees and expenses;

(iii) tenure and vacation of office;

(i) subject to sub-paragraph (5), persons who may, and may not, be candidates in elections such as are mentioned in sub-paragraph (1) (including by reference to the person's age);

(j) the number of members of the Commission who may be returned from each constituency;

(k) vacancies amongst elected members, including the circumstances in which a person who polled fewer votes in such an election than the person who polled most votes may hold office as a member of the Commission.

(3) Regulations under sub-paragraph (1) may not make provision creating an offence such as is mentioned in sub-paragraph (2)(d) that is punishable—

(a) on conviction on indictment, with imprisonment for a term exceeding 2 years;

(b) on summary conviction, with—

(i) imprisonment for a term exceeding 12 months; or

(ii) a fine exceeding level 5 on the standard scale.

(4) In the case of an offence which is triable either on indictment or summarily, the reference in sub-paragraph (3)(b)(ii) to a fine exceeding level 5 on the standard scale is to be construed as a reference to the statutory maximum.

(5) In making provision such as is mentioned in sub-paragraph (2)(i), the regulations must provide that the persons who may be candidates in elections such as are mentioned in sub-paragraph (1) may include persons who

(a) are aged 16 or over; and

(b) have been nominated by a person eligible to vote in such elections.

(6) Before making regulations under sub-paragraph (1), the Scottish Ministers must consult such persons or bodies as they think appropriate on—

(a) the constituency boundaries to be used; and

(b) the persons who are eligible to vote,

in elections such as are mentioned in sub-paragraph (1).

Remuneration, allowances and pensions

8

(1) The Scottish Ministers must pay to the members of the Commission such remuneration and allowances as Ministers may determine.

(2) The Scottish Ministers may—

(a) pay (or make arrangements for the payment of);

(b) make payments towards the provision of; or

such pensions, allowances and gratuities to or in respect of such members and former members of the Commission as Ministers may determine.

(3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities paid by way of compensation for loss of office.

Removal of members

9

(1) The Scottish Ministers may remove a member of the Commission from office, by giving notice in writing to the member, if satisfied that the member—

(a) is insolvent;

(b) has been convicted of a criminal offence in relation to which the member has been sentenced to imprisonment for a period of 3 months or more;

(d) has been absent from meetings of the Commission for a period exceeding 6 months without the permission of the convener;

(e) is otherwise unable or unfit to exercise the functions of a member or is unsuitable to continue as a member.

(2) In sub-paragraph (1)(a), a member is insolvent when—

(a) the member's estate is sequestrated;

(b) the member is adjudged bankrupt;

(d) the member enters into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor;

(e) the member grants a trust deed for creditors.

(3) Where—

(a) an elected member is removed from office under sub-paragraph (1); and

(b) is not replaced by a person such as is mentioned in sub-paragraph (4) (whether because of the person's refusal to accept office as a member or otherwise),

the Scottish Ministers may appoint (in addition to any person appointed under paragraph 3) a person to be a member of the Commission.

(4) The person referred to in sub-paragraph (3)(b) is a person who—

(a) was a candidate in the election by virtue of which the removed member held office as a member;

(b) polled, in that election, fewer votes than the removed member; and

Chief executive, staff and employees

10

(1) The Scottish Ministers must, after consultation with the convener of the Commission, appoint a chief executive of the Commission on such terms and conditions as Ministers may determine.

(2) The Scottish Ministers may provide the services of such staff to the Commission as the Commission consider appropriate.

(3) The Commission may appoint such employees as the Commission consider appropriate.

(4) The Scottish Ministers may give directions to the Commission as to the appointment of employees under sub-paragraph (3).

(5) Such directions may in particular relate to

(a) the number of appointments;

(b) the terms and conditions of employment.

(6) The Commission must comply with any directions given under sub-paragraph (4).

(7) The Commission may, with the approval of the Scottish Ministers—

(a) pay (or make arrangements for the payment of);

(b) make payments towards the provision of; or

such pensions, allowances and gratuities to or in respect of such of their employees, or former employees, as the Commission may determine.

(8) The reference in sub-paragraph (7) to pensions, allowances and gratuities includes pensions, allowances and gratuities paid by way of compensation for loss of office.

Quorum

11

(1) The quorum of the Commission is five members.

(2) Where there are three or more elected members, the quorum must include no fewer than three such members.

Committees

12

(1) The Commission must establish—

(a) an audit committee; and

(b) such other committees as they consider appropriate.

(2) The audit committee and any other committee of the Commission must comply with any directions given to it by the Commission.

(3) The Commission may appoint as members of any of their committees persons who are not members of the Commission.

(4) But no committee established under sub-paragraph (1) may consist entirely of such persons.

(5) The Commission must pay to a person appointed under sub-paragraph (3) such remuneration and allowances as the Scottish Ministers may determine.

Procedure

13

(1) The Commission may regulate—

(a) their own procedure; and

(b) the procedure of any of their committees (including any quorum).

(2) The convener must, if present, chair meetings of the Commission and any of their committees.

(3) If the convener is not available to chair a meeting of the Commission or a committee, the convener is to appoint another member of the Commission to chair the meeting.

(4) The person chairing a meeting of the Commission or any committee has a casting vote.

(5) The Commission must keep a record of their and their committees' meetings and decisions.

(6) The validity of any proceedings of the Commission or of any of their committees is not affected by any vacancy in membership nor by any defect in the appointment of a member.

Members' interests

Delegation of powers

Local assessors

16

(1) The Commission may appoint a panel of suitable persons (“assessors”) to act, when required to do so by the Commission, as assessors for the purpose of assisting the Commission in the local execution of their functions under this Act.

(2) The Commission must, before exercising their power under sub-paragraph (1), publish details of—

(a) the methods to be used for the appointment of assessors; and

(b) the functions to be exercised by assessors.

(3) In exercising their power under sub-paragraph (1), the Commission must—

(a) provide information to crofting communities about—

(i) the appointment of assessors; and

(ii) the functions that assessors exercise; and

(b) keep under review—

(i) the methods to be used for the appointment of assessors; and

(ii) the functions to be exercised by assessors.

(4) Assessors must be ordinarily resident in the crofting counties or in an area designated under section 3A(1)(b) of this Act.

(5) The Commission may make payments to assessors in respect of any—

(a) loss of earnings;

(b) expenses (including travelling and subsistence expenses),

necessarily suffered or incurred by them for the purpose of enabling them to exercise their functions as such assessors.

Location of office

17

The Commission—

(a) must have their principal office premises in the crofting counties;

(b) must not determine where those premises are to be located without that location being approved by the Scottish Ministers; and

Finance

18

(1) The Scottish Ministers may—

(a) pay grants;

(b) make loans,

to the Commission of such amounts as Ministers may determine.

(2) Any such grant or loan may be paid or, as the case may be, made, on such terms and subject to such conditions (including, in the case of a loan, conditions as to repayment) as the Scottish Ministers consider appropriate.

(3) The Scottish Ministers may, from time to time after any grant is paid or loan is made, vary the terms and conditions on which it was paid or, as the case may be, made.

Accounts

19

(1) The Commission must—

(a) keep proper accounts and accounting records;

(b) prepare in respect of each financial year a statement of accounts.

(2) The Commission must send the statement of accounts to the Scottish Ministers by such date as Ministers may direct.

(3) The Commission must comply with any other directions which the Scottish Ministers may give them in relation to the matters mentioned in sub-paragraph (1).

(4) The Scottish Ministers must, as soon as reasonably practicable after receiving a statement of accounts from the Commission—

(a) send them to the Auditor General for Scotland for auditing; and

(b) lay the audited statement before the Scottish Parliament.

(5) The Commission must make their audited statement of accounts available so that they may be inspected by any person.

Provision of information to Scottish Ministers

20

The Commission must provide the Scottish Ministers with such information in respect of the exercise, or proposed exercise, of the Commission's functions as the Scottish Ministers may, from time to time, require.

Transfer of property, rights and liabilities

21

(1) Where the Scottish Ministers consider it necessary or expedient to do so to facilitate the exercise of functions by the Commission, they may transfer to the Commission any property, rights and liabilities to which Ministers are entitled or subject.

(2) Property, rights and liabilities may be so transferred to the Commission whether or not they are otherwise capable of being transferred by the Scottish Ministers.

Showing the derivation of the provisions of the Act

2B

(1) The Commission must make an annual report, on the exercise by them of their functions, to the Scottish Ministers.

(2) That report must also contain the Commission's assessment of—

(a) the issues affecting crofting communities; and

(b) the contribution crofting has made to sustainable development.

(3) Before making an annual report, the Commission must consult—

(a) each local authority in the area of which there are crofts; and

(b) Highlands and Islands Enterprise.

(4) The Scottish Ministers must lay before the Scottish Parliament a copy of each annual report made to them under this section together with any comments on the report that they consider appropriate.

2C

(1) The Commission must, before the expiry of the period mentioned in subsection (2), prepare and submit to the Scottish Ministers a plan setting out their policy on how they propose to exercise their functions.

(2) That period is the period of 6 months beginning with the day after—

(a) the day of the first election held in accordance with paragraph 7 of schedule 1 to elect persons to be members of the Commission;

(b) the day of each subsequent election.

(3) The Commission must, before preparing a plan under this section, consult—

(a) each local authority in the area of which there are crofts;

(b) Highlands and Islands Enterprise; and

(4) The Scottish Ministers may—

(a) approve the plan (with or without modifications); or

(b) reject the plan and direct the Commission to submit a revised plan.

(5) Where the Scottish Ministers approve the plan submitted under subsection (1) (including a revised plan submitted under subsection (4)(b)), the Commission must—

(a) send a copy of it to each local authority in the area of which there are crofts;

(b) make a copy of it available for public inspection at reasonable times; and

(6) The Commission—

(a) may, from time to time;

(b) must, if required to do so by the Scottish Ministers,

vary the plan.

(7) Where the Commission, under subsection (6), vary the plan—

(a) the Commission must submit it to the Scottish Ministers; and

(b) subsections (3) to (5) apply to the variation of a plan as they apply to the preparation of a plan under subsection (1).

2D

(1) The Commission, in exercising their functions, must have regard to any plan approved and published under section 2C.

(2) The Land Court may have regard to any such plan when considering an appeal against—

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

(b) the imposition of a condition by,

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

40A

(1) The Commission must—

(a) by notice given to each crofter, require the crofter to provide the Commission with the information mentioned in subsection (2);

(b) by notice given to each owner-occupier crofter, require the crofter to provide the Commission with the information mentioned in subsection (3).

(2) The information referred to in subsection (1)(a) is—

(a) whether or not the crofter is complying with the duties mentioned in sections 5AA, 5B and 5C;

(b) where the crofter is not complying with one or more of those duties—

(i) in the case of the duty mentioned in section 5AA, whether the Commission have granted consent under section 21B;

(ii) in any case (other than the duty not to misuse the croft), whether a subtenant of the crofter by virtue of a lease to which section 27 applies is complying with the duty; and

(3) The information referred to in subsection (1)(b) is—

(a) whether or not the owner-occupier crofter is complying with the duties mentioned in section 19C(2);

(b) where the owner-occupier crofter is not complying with one or more of those duties—

(i) in the case of the duty mentioned in section 19C(2)(a), whether the Commission have granted consent under section 21B;

(ii) in any case (other than the duty not to misuse the croft), whether a tenant of the crofter by virtue of a short lease (within the meaning of section 29A) is complying with the duty; and

(4) The first notices under subsection (1) must be given as soon as reasonably practicable after the end of the period of 1 year beginning with the day section 36 of the 2010 Act comes into force.

(5) Subsequent notices must be given as soon as reasonably practicable after the end of each successive 1 year period.

(6) Subsection (2) of section 40 applies to a notice given under subsection (1) of this section as it applies to a notice served under subsection (1) of that section.

(7) Section 55(1A) does not apply to a notice given under subsection (1).

49

(1) Each grazings committee must report to the Commission on—

(a) the condition of the common grazing;

(b) the condition of every croft of a crofter sharing in the grazing;

(d) any other matter the Commission may require.

(2) Where the committee consider that—

(a) a crofter sharing in the grazing is not complying with a duty mentioned in section 5AA, 5B or 5C;

(b) an owner-occupier crofter sharing in the grazing is not complying with a duty mentioned in section 19C(2),

the report under subsection (1) must also include information on that matter.

(3) A report under subsection (1) may also include information on any other matter affecting—

(a) the common grazing;

(b) crofting in any township associated with the grazing,

as the committee consider appropriate.

(4) The first report under subsection (1) must be submitted as soon as reasonably practicable after the end of the period of 1 year beginning with the day section 38 of the 2010 Act comes into force.

(5) Each subsequent report must be submitted as soon as reasonably practicable after the end of each successive period of 5 years.

Regulations and orders

Status

General powers

Membership

Appointed members: eligibility

Appointed members: terms of appointment

Resignation and cessation of membership

Elected members: regulations

Remuneration, allowances and pensions

Removal of members

Chief executive, staff and employees

Quorum

Committees

Procedure

Members' interests

Delegation of powers

Local assessors

16

(1) The Commission may appoint a panel of suitable persons (“assessors”) to act, when required to do so by the Commission, as assessors for the purpose of assisting the Commission in the local execution of their functions under this Act.

(2) The Commission must, before exercising their power under sub-paragraph (1), publish details of—

(a) the methods to be used for the appointment of assessors; and

(b) the functions to be exercised by assessors.

(3) In exercising their power under sub-paragraph (1), the Commission must—

(a) provide information to crofting communities about—

(i) the appointment of assessors; and

(ii) the functions that assessors exercise; and

(b) keep under review—

(i) the methods to be used for the appointment of assessors; and

(ii) the functions to be exercised by assessors.

(4) Assessors must be ordinarily resident in the crofting counties or in an area designated under section 3A(1)(b) of this Act.

(5) The Commission may make payments to assessors in respect of any—

(a) loss of earnings;

(b) expenses (including travelling and subsistence expenses),

necessarily suffered or incurred by them for the purpose of enabling them to exercise their functions as such assessors.

Location of office

17

The Commission—

(a) must have their principal office premises in the crofting counties;

(b) must not determine where those premises are to be located without that location being approved by the Scottish Ministers; and

Finance

18

(1) The Scottish Ministers may—

(a) pay grants;

(b) make loans,

to the Commission of such amounts as Ministers may determine.

(2) Any such grant or loan may be paid or, as the case may be, made, on such terms and subject to such conditions (including, in the case of a loan, conditions as to repayment) as the Scottish Ministers consider appropriate.

(3) The Scottish Ministers may, from time to time after any grant is paid or loan is made, vary the terms and conditions on which it was paid or, as the case may be, made.

Accounts

19

(1) The Commission must—

(a) keep proper accounts and accounting records;

(b) prepare in respect of each financial year a statement of accounts.

(2) The Commission must send the statement of accounts to the Scottish Ministers by such date as Ministers may direct.

(3) The Commission must comply with any other directions which the Scottish Ministers may give them in relation to the matters mentioned in sub-paragraph (1).

(4) The Scottish Ministers must, as soon as reasonably practicable after receiving a statement of accounts from the Commission—

(a) send them to the Auditor General for Scotland for auditing; and

(b) lay the audited statement before the Scottish Parliament.

(5) The Commission must make their audited statement of accounts available so that they may be inspected by any person.

Provision of information to Scottish Ministers

20

Transfer of property, rights and liabilities

21

(1) Where the Scottish Ministers consider it necessary or expedient to do so to facilitate the exercise of functions by the Commission, they may transfer to the Commission any property, rights and liabilities to which Ministers are entitled or subject.

(2) Property, rights and liabilities may be so transferred to the Commission whether or not they are otherwise capable of being transferred by the Scottish Ministers.

Showing the derivation of the provisions of the Act

3ZA

(1) This section applies where a holding situated—

(a) in the crofting counties; or

(b) as is mentioned in section 3A(1)(b),

is registered in the Crofting Register.

(2) For the purposes of this Act—

(a) the holding is, from the date of registration, a croft;

(b) the land which comprises the croft (including any right or land mentioned in section 3(4)) is determined by the description of that land in the registration schedule of the croft; and

(c) from the date of registration, any person for the time being entered in the registration schedule of the croft as the tenant of the croft is a crofter.

(3) Section 3 (other than subsection (2)) does not apply.

(4) Section 3(2) applies to subsection (2)(a) of this section as it applies to subsection (1) of section 3.

(5) Nothing in this section affects whether, before the date of registration, the holding was a croft or any person was the tenant of it.

Intestacy.

General provision.

Consideration payable in respect of acquisition of croft land.

Applications to decroft by owner-occupier crofters

Effect of decrofting direction

Provisions as to removal of crofter.

Letting of owner-occupied crofts

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

Appeal to Land Court: special provision as respects reorganisation schemes

Putting into effect of reorganisation schemes.

Obtaining of information by Commission.

Annual notices

Supplementary provisions as to loans under s.42.

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

Powers and duties of grazings committees.

Common grazings regulations.

Joint forestry ventures etc.

Use of common grazing for other purposes

Enlargement of common grazings.

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

Jurisdictional provisions.

Extent of boundaries

Crofters Holdings Book.

Public notification

Provisions as to entry and inspection.

Regulations and orders

Application of Act to Crown.

Showing the derivation of the provisions of the Act

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