Crofters (Scotland) Act 1993
1993 c. 44 · Enacted 5 November 1993 · Extends to Scotland
An Act to consolidate certain enactments relating to crofting, with amendments to give effect to recommendations of the Scottish Law Commission.
[5th November 1993]
I1C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Modifications
- C1
Act applied (6.7.1997) by 1997 c. 26, ss. 7(2), 8(3); S.I. 1997/1430, art. 1
Commencement
- I1
Act (except s.28) wholly in force at 05.01.1994 see s.64(2) and s.28(17)
Contents
- The Crofters Commission
- 1Constitution and general functions of Crofters Commission.
- 2Particular powers and duties of the Commission.
- 2AMinisters' power to modify functions of Commission
- 2BAnnual report
- 2CDuty to produce plan
- 2DStatus of plan
- Meaning of croft and crofter
- 3Meaning of croft and crofter.
- 3ZARegistered crofts
- 3ANew crofts
- 3AARegistration of new crofts
- 3BCompensation for constituting holding outwith crofting counties as croft on application of tenant
- 3CAppeal against assessment under section 3B
- Enlargement of crofts
- 4Enlargement of crofts
- Exchange of crofts
- 4AExchange of crofts or parts of crofts
- The conditions of tenure
- 5The statutory conditions.
- 5AComplaint as respects breach of the statutory conditions
- Crofters' duties relating to residency, use, misuse and neglect of crofts
- 5AACrofters: residency duty
- 5BTermination of tenancy for misuse or neglect
- 5CCrofters: duty to cultivate and maintain
- 6Rent.
- 7Renunciation of tenancy.
- 8Assignation of croft.
- 9Division of croft
- Succession to croft
- 10Bequest of croft.
- 11Intestacy.
- Rights of crofters and cottars to acquire their subjects
- 12General provision.
- 13Authorisation by Land Court of acquisition of croft land.
- 14Consideration payable in respect of acquisition of croft land.
- 15Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house.
- 16Provisions relating to conveyance.
- 17Provisions supplementary to sections 13 and 15.
- 18Adjustment of rent for remainder of croft where part conveyed to crofter.
- 19Provisions relating to existing loans and heritable securities.
- 19ASchemes for development
- Owner-occupied crofts: duties of certain owners
- 19BMeaning of “owner-occupier crofter” etc.
- 19CDuties of owner-occupier crofters
- 19DDivision of owner-occupied crofts
- Provisions relating to termination of tenancy and de-crofting
- 20Resumption of croft or part of croft by landlord.
- 21Crofter’s right to share in value of land resumed by landlord.
- 21AReversion of resumed land
- Consent for absence from croft
- 21BCommission consent for absence from croft
- 21CExtension of consent for absence
- 21DVariation of condition in consent for absence
- 22Absentee crofters. Repealed
- 23Vacant crofts.
- 24Decrofting in case of resumption or vacancy of croft.
- 24AApplications to decroft by owner-occupier crofters
- 24BCommission's powers in relation to applications under section 24A
- 24CApplication of section 25 in relation to decrofting directions
- 24DEffect of decrofting direction
- 25Provisions supplementary to s.24(3).
- 26Provisions as to removal of crofter.
- Investigation of suspected breach of duty
- 26ACommission's duty to investigate suspected breach of duty
- Enforcement of duties
- 26BEnforcement of duties of crofters and owner-occupier crofters: general
- 26CNotice of suspected breach of duty
- 26DUndertakings: general
- 26ECircumstances where the Commission may not take action under section 26H or 26J
- 26FCommission duty to take action under section 26H or 26J
- 26GDivision of croft before taking action
- 26HCrofters: tenancy termination procedure
- 26JOwner-occupier crofters: letting procedure
- 26KAppeals
- Subletting of crofts
- 27Provisions as to right to sublet.
- 28Special provisions regarding subletting of crofts not adequately used. Not yet in force
- 29Miscellaneous provisions regarding subleases of crofts.
- Letting of owner-occupied crofts
- 29ALetting of owner-occupied crofts
- 29BStatus of tenant under a short lease
- Compensation for improvements and for deterioration or damage
- 30Compensation to crofter for improvements.
- 31Permanent improvements made on crofts for purposes of subsidiary or auxiliary occupations.
- 32Assessment of compensation for improvements.
- 33Record of improvements.
- 34Compensation to landlord for deterioration or damage.
- 35Assessment of compensation for improvements or deterioration on joint application to Land Court.
- 36Compensation to cottar for improvements.
- Compulsory acquisition of croft
- 37Crofter’s right to share in value of land taken possession of compulsorily.
- Reorganisation schemes
- 38Reorganisation schemes.
- 38AAppeal to Land Court: special provision as respects reorganisation schemes
- 39Putting into effect of reorganisation schemes.
- Commission to obtain information and compile register of crofts
- 40Obtaining of information by Commission.
- 40AAnnual notices
- 41Register of Crofts.
- Financial assistance to crofters, cottars and certain owner- occupiers etc
- 42Crofters.
- 43Supplementary provisions as to loans under s.42. Repealed
- 44Cottars
- 45Former crofters and cottars who have acquired site of the dwelling-house.
- 46Owner-occupiers of like economic status as crofters and other persons.
- 46ARegulations concerning loans
- Common Grazings
- 47Appointment, etc., of grazings committee or grazings constable.
- 48Powers and duties of grazings committees.
- 49Common grazings regulations.
- 49AGrazings committees: duty to report
- 50Use of common grazings for forestry purposes.
- 50AJoint forestry ventures etc.
- 50BUse of common grazing for other purposes
- 51Enlargement of common grazings.
- 51ANew common grazing
- 51BRegistration of new common grazings
- 52Miscellaneous provisions as to common grazings, as to lands held runrig, and as to use by crofters of peat bogs, etc.
- Provisions relating to Land Court
- 52AAppeal to Land Court: general
- 53Jurisdictional provisions.
- 53AExtent of boundaries
- 53BAccess to croft
- 54Crofters Holdings Book. Repealed
- Miscellaneous and General Provisions
- 55Service of notices
- 55APublic notification
- 56Provisions as to entry and inspection.
- 57Provisions as to compulsory purchase of land and as to management of land.
- 58Provisions as to representations.
- 58AObtaining Commission approval or consent
- 58BVariation of conditions on approval or consent
- 59Financial provisions.
- 59AEqual opportunities
- 60Regulations and orders
- 61Interpretation.
- 62Application of Act to Crown.
- 63Transitional provisions and savings, and repeals.
- 64Short title, commencement and extent.
- Schedule 1: THE CROFTING COMMISSION
- Status
- 1Paragraph 1
- General powers
- 2Paragraph 2
- Membership
- 3Paragraph 3
- Appointed members: eligibility
- 4Paragraph 4
- Appointed members: terms of appointment
- 5Paragraph 5
- Resignation and cessation of membership
- 6Paragraph 6
- Elected members: regulations
- 7Paragraph 7
- Remuneration, allowances and pensions
- 8Paragraph 8
- Removal of members
- 9Paragraph 9
- Chief executive, staff and employees
- 10Paragraph 10
- Quorum
- 11Paragraph 11
- Committees
- 12Paragraph 12
- Procedure
- 13Paragraph 13
- Members' interests
- 14Paragraph 14
- Delegation of powers
- 15Paragraph 15
- Local assessors
- 16Paragraph 16
- Location of office
- 17Paragraph 17
- Finance
- 18Paragraph 18
- Accounts
- 19Paragraph 19
- Provision of information to Scottish Ministers
- 20Paragraph 20
- Transfer of property, rights and liabilities
- 21Paragraph 21
- Schedule 2: The statutory conditions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3 Repealed
- 3AParagraph 3A Repealed
- 3BParagraph 3B Repealed
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- 6Paragraph 6
- 6AParagraph 6A
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 11AParagraph 11A
- 12Paragraph 12
- 13Paragraph 13
- Schedule 3: Permanent improvements
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 4: Confirmation and validity of reorganisation schemes Repealed
- Part I Repealed
- Procedure for confirming reorganisation schemes Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Part II Repealed
- Validity of reorganisation schemes Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Schedule 5: Provisions as to security, etc., of loans
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 6: Transitional provisions and savings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 7: Repeals
- IEnactments repealed so far as they apply in the crofting counties
- IIOther enactments repealed
- Schedule TABLE OF DERIVATIONS