LegalizeReform history
Crofters (Scotland) Act 1993
13 versions
· 1993-11-05
2013-07-31
Crofters (Scotland) Act 1993
2012-04-01
Crofters (Scotland) Act 1993
2011-10-01
Crofters (Scotland) Act 1993
2011-07-01
Crofters (Scotland) Act 1993
2011-02-01
Crofters (Scotland) Act 1993
2010-12-22
Crofters (Scotland) Act 1993
2008-01-28
Crofters (Scotland) Act 1993
2007-06-25
Crofters (Scotland) Act 1993
2005-12-05
Crofters (Scotland) Act 1993
2004-11-28
Crofters (Scotland) Act 1993
2003-11-27
Crofters (Scotland) Act 1993
Changes on 2003-11-27
@@ -354,7 +354,7 @@
- (b) no other development had been carried out on the land (not being development carried out on the land, when it was subject to the tenancy of the former crofter or any of his predecessors in the tenancy, by a person other than that crofter or any of such predecessors); and
- (c) no development of the land which consisted of the making of such an improvement as is referred to in paragraph (a) above were or would be permitted in pursuance of the 1972 Act.
- (c) no development of the land which consisted of the making of such an improvement as is referred to in paragraph (a) above were or would be permitted in pursuance of the 1997 Act.
- (5) If the relevant land comprises only part of the land which was acquired under section 13(1) of this Act, the Land Court may, failing agreement between the parties concerned, on an application made to it by the person disposing of the relevant land or the landlord referred to in the said section 13(1) or his personal representative, determine for the purposes of subsection (3)(b) above the proportion of the amount of the consideration which was paid under subsection (1) above in respect of the relevant land.
@@ -376,7 +376,7 @@
- (iii) the site were not land to which this Act applies; and
- (iv) no development of the site were or would be permitted in pursuance of the 1972 Act;
- (iv) no development of the site were or would be permitted in pursuance of the 1997 Act;
and in addition, in a case where the landlord has provided fixed equipment on the site—
@@ -700,7 +700,11 @@
##### 29
- (1) Subject to subsection (2) below, the subtenant under a sublease of a croft shall not be held to be a crofter or to be the tenant of an agricultural holding within the meaning of the Agricultural Holdings (Scotland) Act 1991.
- (1) Subject to subsection (2) below, the subtenant under a sublease of a croft shall not be held to be
- (a) a crofter; or
- (b) the tenant under a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or under a lease constituting a short limited duration tenancy or a limited duration tenancy (within the meaning of that Act).
- (2) Where under a sublease of any croft a right in any common grazing is let to the subtenant, and the sublease is one which-
@@ -752,11 +756,11 @@
- (4) The amount of the compensation payable under subsection (1) above shall, failing agreement, be fixed by the Land Court.
- (5) Nothing in this Act shall affect the provisions of the Agricultural Holdings (Scotland) Act 1991 with respect to the payment to outgoing tenants of compensation for improvements:
- (a) where any improvements are valued under that Act with a view to the payment of compensation to a crofter or to the executor of a deceased crofter, the valuation shall, unless the landlord and the crofter or executor otherwise agree in writing, be made by the Land Court; and
- (b) compensation shall not be payable under that Act for an improvement for which compensation is payable under this Act.
- (5) Nothing in this Act shall affect the provisions of the Agricultural Holdings (Scotland) Act 1991 or of the Agricultural Holdings (Scotland) Act 2003 (asp 11) with respect to the payment to outgoing tenants of compensation for improvements:
- (a) where any improvements are valued under either of those Acts with a view to the payment of compensation to a crofter or to the executor of a deceased crofter, the valuation shall, unless the landlord and the crofter or executor otherwise agree in writing, be made by the Land Court; and
- (b) compensation shall not be payable under either of those Acts for an improvement for which compensation is payable under this Act.
- (6) Notwithstanding anything in this section—
@@ -1428,7 +1432,7 @@
- “*the 1964 Act*” means the Succession (Scotland) Act 1964;
- “*the 1972 Act*” means the Town and Country Planning (Scotland) Act 1972;
- “*the 1997 Act*” means the Town and Country Planning (Scotland) Act 1997;
- “*authority possessing compulsory purchase powers*” has the same meaning as in the 1972 Act;
@@ -1442,7 +1446,7 @@
- “*croft land*” has the meaning assigned to it by section 12(3) of this Act;
- “*development*” has the same meaning as in section 19 of the 1972 Act, except that it includes the operations and uses of land referred to in paragraphs (a) and (e) of subsection (2) of that section;
- “*development*” has the same meaning as in section 26 of the 1997 Act, except that it includes the operations and uses of land referred to in paragraphs (a) and (e) of subsection (2) of that section;
- “*fixed equipment*” has the like meaning as in the Agricultural Holdings (Scotland) Act 1991;
@@ -1512,7 +1516,7 @@
##### 3
The Secretary of State shall pay to the members of the Commission such remuneration and such allowances as he may, with the approval of the Treasury, determine.
The Secretary of State shall pay to the members of the Commission such remuneration and such allowances as he may . . . determine.
##### 4
@@ -1562,11 +1566,11 @@
##### 14
The application of the seal of the Commission to any document shall be attested by at least one member of the Commission and by the person for the time being acting as secretary to the Commission.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 15
Every document purporting to be an instrument issued by the Commission and to be sealed and attested as aforesaid or to be duly signed on behalf of the Commission shall be received in evidence and shall be deemed to be such an instrument without further proof unless the contrary is shown.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
## SCHEDULE 2
@@ -1630,7 +1634,7 @@
- (h) hunting, shooting, fishing or taking game or fish, wild birds or vermin;
but nothing in this paragraph shall be held to preclude the crofter from recovering any compensation for damage by game which is recoverable under section 52 of the Agricultural Holdings (Scotland) Act 1991, by a tenant, and that section shall apply accordingly, with the substitution, however, of the Land Court for arbitration.
but nothing in this paragraph shall be held to preclude the crofter from recovering any compensation for damage by game which is recoverable under section 52 of the Agricultural Holdings (Scotland) Act 1991 , or by virtue of section 53(3) of the Agricultural Holdings (Scotland) Act 2003 (asp 11) , by a tenant....
##### 12
@@ -1798,13 +1802,13 @@
## Part II — Other enactments repealed
#### Constitution and general functions of Crofters Commission.
#### Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house.
#### Particular powers and duties of the Commission.
#### Provisions relating to conveyance.
## SCHEDULE
Showing the derivation of the provisions of the Act
NOTE: The following abbreviations are used in this Table—
## Editorial notes
@@ -1818,6 +1822,10 @@
[^c861288]: [1911 c. 49](https://www.legislation.gov.uk/ukpga/1911/49).
[^c861289]: Words in [s. 14(4)](https://www.legislation.gov.uk/ukpga/1993/44/section/14/4) substituted (27.5.1997) by [1997 c. 11](https://www.legislation.gov.uk/ukpga/1997/11), [ss. 4](https://www.legislation.gov.uk/ukpga/1997/11/section/4), [6(2)](https://www.legislation.gov.uk/ukpga/1997/11/section/6/2), [Sch. 2 para. 55(1)](https://www.legislation.gov.uk/ukpga/1997/11/schedule/2/paragraph/55/1).
[^c861290]: Words in [s. 15(2)(a)(iv)](https://www.legislation.gov.uk/ukpga/1993/44/section/15/2/a/iv) substituted (27.5.1997) by [1997 c. 11](https://www.legislation.gov.uk/ukpga/1997/11), [ss. 4](https://www.legislation.gov.uk/ukpga/1997/11/section/4), [6(2)](https://www.legislation.gov.uk/ukpga/1997/11/section/6/2), [Sch. 2 para. 55(2)](https://www.legislation.gov.uk/ukpga/1997/11/schedule/2/paragraph/55/2).
[^c861291]: [1845 c. 19](https://www.legislation.gov.uk/ukpga/1845/19).
[^c861292]: [1970 c.35](https://www.legislation.gov.uk/ukpga/1970/35).
@@ -1830,8 +1838,6 @@
[^c861310]: [S.I. 1965/321](https://www.legislation.gov.uk/uksi/1965/321).
[^c861311]: [1991 c. 55](https://www.legislation.gov.uk/ukpga/1991/55).
[^c861312]: [1961 c. 58](https://www.legislation.gov.uk/ukpga/1961/58).
[^c861313]: [1991 c. 55](https://www.legislation.gov.uk/ukpga/1991/55).
@@ -1852,15 +1858,23 @@
[^c861321]: [1963 c.51](https://www.legislation.gov.uk/ukpga/1963/51).
[^c861322]: [1955 c. 21](https://www.legislation.gov.uk/ukpga/1955/21).
[^c861323]: [1964 c. 41](https://www.legislation.gov.uk/ukpga/1964/41).
[^c861324]: [1972 c. 52](https://www.legislation.gov.uk/ukpga/1972/52).
[^c861325]: [1991 c. 55](https://www.legislation.gov.uk/ukpga/1991/55).
[^c861326]: [1935 c. iii](https://www.legislation.gov.uk/ukla/1935/3).
[^c861327]: [1955 c. 21](https://www.legislation.gov.uk/ukpga/1955/21).
[^c861328]: [1964 c. 41](https://www.legislation.gov.uk/ukpga/1964/41).
[^c861329]: Definition substituted (27.5.1997) by [1997 c. 11](https://www.legislation.gov.uk/ukpga/1997/11), [ss. 4](https://www.legislation.gov.uk/ukpga/1997/11/section/4), [6(2)](https://www.legislation.gov.uk/ukpga/1997/11/section/6/2), [Sch. 2 para. 55(3)(a)](https://www.legislation.gov.uk/ukpga/1997/11/schedule/2/paragraph/55/3/a).
[^c861330]: Words in s. 61(1) substituted (27.5.1997) by [1997 c. 11](https://www.legislation.gov.uk/ukpga/1997/11), [ss. 4](https://www.legislation.gov.uk/ukpga/1997/11/section/4), [6(2)](https://www.legislation.gov.uk/ukpga/1997/11/section/6/2), [Sch. 2 para. 55(3)(b)](https://www.legislation.gov.uk/ukpga/1997/11/schedule/2/paragraph/55/3/b).
[^c861331]: [1991 c. 55](https://www.legislation.gov.uk/ukpga/1991/55).
[^c861332]: [1935 c. iii](https://www.legislation.gov.uk/ukla/1935/3).
[^c861333]: Words in Sch. 1 para. 3 omitted (1.7.1999) by [S.I. 1999/1820](https://www.legislation.gov.uk/uksi/1999/1820), [arts. 1(2)](https://www.legislation.gov.uk/uksi/1999/1820/article/1/2), [4](https://www.legislation.gov.uk/uksi/1999/1820/article/4), [Sch. 2](https://www.legislation.gov.uk/uksi/1999/1820/schedule/2), [Pt. 1 para. 111](https://www.legislation.gov.uk/uksi/1999/1820/part/1/paragraph/111), [Pt. 5](https://www.legislation.gov.uk/uksi/1999/1820/part/5)
[^c861334]: Sch. 1 para. 14 repealed (1.8.1995) by [1995 c. 7](https://www.legislation.gov.uk/ukpga/1995/7), [ss. 14(2)](https://www.legislation.gov.uk/ukpga/1995/7/section/14/2), [15(2)](https://www.legislation.gov.uk/ukpga/1995/7/section/15/2), [Sch. 5](https://www.legislation.gov.uk/ukpga/1995/7/schedule/5) (with [ss. 9(3)(5)(7)](https://www.legislation.gov.uk/ukpga/1995/7/section/9/3/5/7), [13](https://www.legislation.gov.uk/ukpga/1995/7/section/13), [14(3)](https://www.legislation.gov.uk/ukpga/1995/7/section/14/3)).
[^c861335]: Sch. 1 para. 15 repealed (1.8.1995) by [1995 c. 7](https://www.legislation.gov.uk/ukpga/1995/7), [ss. 14(2)](https://www.legislation.gov.uk/ukpga/1995/7/section/14/2), [15(2)](https://www.legislation.gov.uk/ukpga/1995/7/section/15/2), [Sch. 5](https://www.legislation.gov.uk/ukpga/1995/7/schedule/5) (with [ss. 9(3)(5)(7)](https://www.legislation.gov.uk/ukpga/1995/7/section/9/3/5/7), [13](https://www.legislation.gov.uk/ukpga/1995/7/section/13), [14(3)](https://www.legislation.gov.uk/ukpga/1995/7/section/14/3)).
[^c861336]: [1985 c. 66](https://www.legislation.gov.uk/ukpga/1985/66).
@@ -1878,6 +1892,16 @@
[^c861343]: [1988 c. 16](https://www.legislation.gov.uk/ukpga/1988/16).
[^key-e6d00c237ef63f063c508ac8a9136e80]: S. 29(1)(a)(b) substituted for words (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [s. 95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3)[(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4), [sch. para. 49(a)](https://www.legislation.gov.uk/asp/2003/11/schedule/paragraph/49/a) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-cbe5a58c354f0391976ca7a046c8485f]: Words in [s. 30(5)](https://www.legislation.gov.uk/ukpga/1993/44/section/30/5) inserted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [s. 95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3)[(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4), [sch. para. 49(b)(i)](https://www.legislation.gov.uk/asp/2003/11/schedule/paragraph/49/b/i) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-340cd6dabbe216b677dbee9f1f3d6e83]: Words in [s. 30(5)](https://www.legislation.gov.uk/ukpga/1993/44/section/30/5) substituted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [s. 95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3)[(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4), [sch. para. 49(b)(ii)](https://www.legislation.gov.uk/asp/2003/11/schedule/paragraph/49/b/ii) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-031bec437915300c1846d9fec9a5fba7]: Words in Sch. 2 para. 11 inserted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [s. 95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3)[(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4), [sch. para. 49(c)(i)](https://www.legislation.gov.uk/asp/2003/11/schedule/paragraph/49/c/i) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-3500e3d3c8f180a389f8435608835d52]: Words in Sch. 2 para. 11 repealed (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [s. 95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3)[(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4), [sch. para. 49(c)(ii)](https://www.legislation.gov.uk/asp/2003/11/schedule/paragraph/49/c/ii) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-c718a27223cded93ce88d8e6adf54d75]: [S. 28](https://www.legislation.gov.uk/ukpga/1993/44/section/28) repealed (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 11(2)](https://www.legislation.gov.uk/asp/2007/7/section/11/2), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^M_F_0e12ebaf-cc41-4b9c-cf62-6a3084b3cd63]: Word in Sch. 7 Pt. 1 inserted (retrospectively) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [s. 43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3), [Sch. 1 para. 2(21)(22)](https://www.legislation.gov.uk/asp/2007/7/schedule/1/paragraph/2/21/22) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
1994-01-05
Crofters (Scotland) Act 1993
1993-11-05
Crofters (Scotland) Act 1993
original version
Text at this date