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
Changes on 2004-11-28
@@ -394,15 +394,15 @@
- (2) Where the Land Court is satisfied, on the application of the crofter or cottar or his nominee that the landlord has failed to execute a conveyance of land in favour of such person in compliance with an order under section 13(1) or 15(1) of this Act within such time as the Land Court considers reasonable, it shall make an order authorising its principal clerk to execute the conveyance and such other deeds as adjusted at his sight as may be necessary to give effect to the order; and a conveyance executed by the principal clerk under this subsection shall have the like force and effect in all respects as if it had been executed by the landlord.
- (3) Where the principal clerk of the Land Court has executed a conveyance in pursuance of subsection (2) above, the Land Court may make such order as it thinks fit with regard to the payment of the consideration in respect of the conveyance and in particular providing for the distribution of the sum comprised in the consideration according to the respective estates or interests of persons making claim to such sum.
- (3) Where the principal clerk of the Land Court has executed a conveyance in pursuance of subsection (2) above, the Land Court may make such order as it thinks fit with regard to the payment of the consideration in respect of the conveyance and in particular providing for the distribution of the sum comprised in the consideration according to the respective ... interests of persons making claim to such sum.
- (4) Notwithstanding that the Land Court has made an order under section 13(1) or 15(1) of this Act determining the terms and conditions on which land is to be conveyed, the crofter or, as the case may be, the cottar and the landlord may arrange for the conveyance of the land on any other terms and conditions that they may agree.
- (5) Where a person other than the landlord is infeft in the subjects to be conveyed, the second references in sections 12(2) and 13(1) of this Act and the reference in the said section 15(1) and in the foregoing provisions of this section to the landlord shall be construed as references to the landlord and such other person for their respective rights.
- (6) The Land Court in specifying in an order under the said section 13(1) or 15(1) the terms and conditions on which land is to be conveyed shall have regard to any existing land obligations as defined in section 1(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 relating to such land.
- (7) Where the landlords are the National Trust for Scotland, they shall not be required to convey land by an order of the Land Court under the said section 13(1) or 15(1) otherwise than by a grant in feu; but section 4(2) of the Order confirmed by the National Trust for Scotland Order Confirmation Act 1947 (which requires the consent of the Lord Advocate to grants in feu by the Trust exceeding 8 hectares) shall not apply to such a grant.
- (5) Where a person other than the landlord has a completed title to the subjects to be conveyed, the second references in sections 12(2) and 13(1) of this Act and the reference in the said section 15(1) and in the foregoing provisions of this section to the landlord shall be construed as references to the landlord and such other person for their respective rights.
- (6) The Land Court in specifying in an order under the said section 13(1) or 15(1) the terms and conditions on which land is to be conveyed shall have regard to any existing title conditions, within the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9), relating to such land.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) Where the Land Court is satisfied, on the application of the landlord, that the crofter or his nominee has failed to execute a standard security in favour of the landlord in compliance with a condition imposed by the Land Court under section 13(4) of this Act within such time as the Land Court considers reasonable, it shall make an order authorising its principal clerk to execute the standard security; and a standard security executed by the principal clerk under this subsection shall have the like force and effect in all respects as if it had been executed by the crofter or his nominee.
@@ -424,9 +424,9 @@
- (3) Any condition or provision to the effect that—
- (a) the superior of any feu shall be entitled to a right of pre-emption in the event of a sale thereof or any part thereof by the proprietor of the feu, or
- (b) any other person with an interest in land shall be entitled to a right of pre-emption in the event of a sale thereof or of any part thereof by the proprietor for the time being,
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) any ... person with an interest in land shall be entitled to a right of pre-emption in the event of a sale thereof or of any part thereof by the proprietor for the time being,
shall not be capable of being enforced where the sale is by a landlord to a crofter or his nominee of croft land or to a crofter or a cottar or his nominee of the site of the dwelling-house on the croft or on or pertaining to the subject of the cottar in pursuance of an order under the said section 13(1) or, as the case may be, 15(1).
@@ -462,11 +462,11 @@
- (4) Any heritable security which immediately before the execution of a conveyance in pursuance of sections 12 to 18 of this Act burdened the subjects conveyed shall, as from the date of recording of the conveyance in the Register of Sasines or of registration of the interest conveyed in the Land Register of Scotland (as the case may be)—
- (a) in the case of a conveyance in feu, cease to burden the*dominium utile* of the subjects conveyed and burden only the superiority thereof;
- (b) in the case of a conveyance otherwise than in feu where the heritable security burdened only the subjects conveyed, cease to burden those subjects;
- (c) in the case of a conveyance otherwise than in feu where the heritable security also burdened other land, burden only that other land;
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (b) in the case of a conveyance ... where the heritable security burdened only the subjects conveyed, cease to burden those subjects;
- (c) in the case of a conveyance ... where the heritable security also burdened other land, burden only that other land;
and, unless the creditors in right of any such security otherwise agree, the landlord shall pay to them according to their respective rights and preferences any sum paid to him by the crofter or cottar as consideration for the subjects conveyed.
@@ -482,7 +482,7 @@
- (3) For the purposes of subsection (1) above “*reasonable purpose*” shall include—
- (a) the using, letting or feuing of the land proposed to be resumed for—
- (a) the using, letting or disposing of the land proposed to be resumed for—
- (i) the building of dwellings;
@@ -1802,13 +1802,13 @@
## Part II — Other enactments repealed
#### Particular powers and duties of the Commission.
#### Provisions relating to conveyance.
#### Constitution and general functions of Crofters Commission.
#### Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house.
## SCHEDULE
NOTE: The following abbreviations are used in this Table—
Showing the derivation of the provisions of the Act
## Editorial notes
@@ -1828,10 +1828,6 @@
[^c861291]: [1845 c. 19](https://www.legislation.gov.uk/ukpga/1845/19).
[^c861292]: [1970 c.35](https://www.legislation.gov.uk/ukpga/1970/35).
[^c861293]: [1947 c. xxxviii](https://www.legislation.gov.uk/ukla/1947/38).
[^c861300]: [1947 c.42](https://www.legislation.gov.uk/ukpga/1947/42).
[^c861304]: [1987 c. 26](https://www.legislation.gov.uk/ukpga/1987/26).
@@ -1902,6 +1898,24 @@
[^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-93777a2d0fe679ea184be0e07a160385]: Words in [s. 16(6)](https://www.legislation.gov.uk/ukpga/1993/44/section/16/6) substituted (28.11.2004) by [Title Conditions (Scotland) Act 2003 (asp 9)](https://www.legislation.gov.uk/asp/2003/9), [ss. 122(1)](https://www.legislation.gov.uk/asp/2003/9/section/122/1), [129(2)](https://www.legislation.gov.uk/asp/2003/9/section/129/2), [sch. 14 para. 11](https://www.legislation.gov.uk/asp/2003/9/schedule/14/paragraph/11) (with [ss. 119](https://www.legislation.gov.uk/asp/2003/9/section/119), [121](https://www.legislation.gov.uk/asp/2003/9/section/121)) (see [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), art. 2)
[^key-1c242690482992057758313bbaf15b41]: Words in [s. 16(3)](https://www.legislation.gov.uk/ukpga/1993/44/section/16/3) repealed (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [sch. 12 para. 55(2)(a)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/55/2/a), [sch. 13 Pt. 1](https://www.legislation.gov.uk/asp/2000/5/schedule/13/part/1) (with [ss. 58](https://www.legislation.gov.uk/asp/2000/5/section/58), [62](https://www.legislation.gov.uk/asp/2000/5/section/62), [75](https://www.legislation.gov.uk/asp/2000/5/section/75)); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^key-92575960f75f585d979a24d944e11a7a]: [S. 16(7)](https://www.legislation.gov.uk/ukpga/1993/44/section/16/7) repealed (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [sch. 12 para. 55(2)(c)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/55/2/c), [sch. 13 Pt. 1](https://www.legislation.gov.uk/asp/2000/5/schedule/13/part/1) (with [ss. 58](https://www.legislation.gov.uk/asp/2000/5/section/58), [62](https://www.legislation.gov.uk/asp/2000/5/section/62), [75](https://www.legislation.gov.uk/asp/2000/5/section/75)); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^key-72c282780d05718f6456142ab5650103]: Words in [s. 16(5)](https://www.legislation.gov.uk/ukpga/1993/44/section/16/5) substituted (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [sch. 12 para. 55(2)(b)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/55/2/b) (with [ss. 58](https://www.legislation.gov.uk/asp/2000/5/section/58), [62](https://www.legislation.gov.uk/asp/2000/5/section/62), [75](https://www.legislation.gov.uk/asp/2000/5/section/75)); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^key-37fa17c7c58d050e2afd72493eb09b8f]: [S. 19(4)(a)](https://www.legislation.gov.uk/ukpga/1993/44/section/19/4/a) repealed (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [sch. 12 para. 55(4)(a)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/55/4/a), [sch. 13 Pt. 1](https://www.legislation.gov.uk/asp/2000/5/schedule/13/part/1) (with [ss. 58](https://www.legislation.gov.uk/asp/2000/5/section/58), [62](https://www.legislation.gov.uk/asp/2000/5/section/62), [75](https://www.legislation.gov.uk/asp/2000/5/section/75)); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^key-c5d4f4816fe7d5a44c1d1b8b12be56c8]: Words in [s. 19(4)(b)](https://www.legislation.gov.uk/ukpga/1993/44/section/19/4/b)[(c)](https://www.legislation.gov.uk/ukpga/1993/44/section/19/4/c) repealed (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [sch. 12 para. 55(4)(b)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/55/4/b), [sch. 13 Pt. 1](https://www.legislation.gov.uk/asp/2000/5/schedule/13/part/1) (with [ss. 58](https://www.legislation.gov.uk/asp/2000/5/section/58), [62](https://www.legislation.gov.uk/asp/2000/5/section/62), [75](https://www.legislation.gov.uk/asp/2000/5/section/75)); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^key-27864c4d4b4ff1e3aaf2e2bdccf77151]: Word in s. 17(3)(b) repealed (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [sch. 12 para. 55(3)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/55/3), [sch. 13 Pt. 1](https://www.legislation.gov.uk/asp/2000/5/schedule/13/part/1) (with [ss. 58](https://www.legislation.gov.uk/asp/2000/5/section/58), [62](https://www.legislation.gov.uk/asp/2000/5/section/62), [75](https://www.legislation.gov.uk/asp/2000/5/section/75)); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^key-4fdf62d13d5ea7e1c75b3d5527e145c6]: It is provided that words in s. 17(3)(a) repealed (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [sch. 12 para. 55(3)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/55/3), [sch. 13 Pt. 1](https://www.legislation.gov.uk/asp/2000/5/schedule/13/part/1) (with [ss. 58](https://www.legislation.gov.uk/asp/2000/5/section/58), [62](https://www.legislation.gov.uk/asp/2000/5/section/62), [75](https://www.legislation.gov.uk/asp/2000/5/section/75)); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^key-318a534c3f91705f776e19f2166f2c1a]: Word in [s. 20(3)(a)](https://www.legislation.gov.uk/ukpga/1993/44/section/20/3/a) substituted (28.11.2004) by [Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)](https://www.legislation.gov.uk/asp/2000/5), [ss. 71](https://www.legislation.gov.uk/asp/2000/5/section/71), [77(2)](https://www.legislation.gov.uk/asp/2000/5/section/77/2), [sch. 12 para. 55(5)](https://www.legislation.gov.uk/asp/2000/5/schedule/12/paragraph/55/5) (with [ss. 58](https://www.legislation.gov.uk/asp/2000/5/section/58), [62](https://www.legislation.gov.uk/asp/2000/5/section/62), [75](https://www.legislation.gov.uk/asp/2000/5/section/75)); [S.S.I. 2003/456](https://www.legislation.gov.uk/ssi/2003/456), [art. 2](https://www.legislation.gov.uk/ssi/2003/456/article/2)
[^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)
2003-11-27
Crofters (Scotland) Act 1993
1994-01-05
Crofters (Scotland) Act 1993
1993-11-05
Crofters (Scotland) Act 1993
original version
Text at this date