Section 19D Division of owner-occupied croftsF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 19D(2A) inserted by Crofting and Scottish Land Court Act 2026 s. 41(3)(a)
s. 19D(3) repealed by Crofting and Scottish Land Court Act 2026 s. 41(3)(b)
s. 19D(4) words substituted by Crofting and Scottish Land Court Act 2026 s. 41(3)(c)(i)
s. 19D(4)(a) words substituted by Crofting and Scottish Land Court Act 2026 s. 41(3)(c)(ii)
s. 19D(8) words inserted by Crofting and Scottish Land Court Act 2026 s. 22(3)

(1)

An owner-occupier crofter may not transfer (whether or not for valuable consideration) ownership of any part of the owner-occupier's croft without first dividing the croft into the part which the owner-occupier crofter proposes to transfer and the part which the owner-occupier crofter proposes to retain.

(2)

The owner-occupier crofter may so divide that owner-occupier's croft only if the owner-occupier crofter first obtains the consent of the Commission to that division.

(3)

Where consent is applied for under subsection (2) in relation to an unregistered owner-occupied croft, the Commission—

(a)

must not grant that consent unless an application for first registration of the owner-occupied 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 owner-occupied croft is submitted.

(4)

In relation to a registered owner-occupied croft (other than an owner-occupied croft which is a first registered croft)—

(a)

any consent of the Commission given by virtue of subsection (2) to a division of the owner-occupied 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 division is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;

(b)

the division takes effect on the date of registration.

(5)

The Keeper must make up and maintain a registration schedule in accordance with section 11 of the 2010 Act in respect of a new croft created by a division under this section.

(6)

Any transfer of ownership of any part of an owner-occupied croft which is not a new croft created by a division under this section, and any deed purporting to transfer ownership of that part, is null and void.

(7)

Where the transfer of ownership of a part of an owner-occupied croft is null and void under subsection (6), the Commission may declare the original croft vacant.

(8)

In this section—

“division” means the division of an owner-occupied croft into two or more new crofts; and cognate expressions are to be construed accordingly;
“original croft” means the owner-occupier's croft mentioned in subsection (1); and
“new crofts” mean each of the crofts created by the division of the original croft.

Annotations

Textual amendments

F1: Ss. 19B-19D and cross-heading inserted (22.12.2010 for the insertion of s. 19B for specified purposes, 1.10.2011 for the insertion of s. 19B otherwise and ss. 19C, 19D(1)(2)(6)(7)(8), 30.11.2012 for the insertion of s. 19D(4)(5)) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 34, 57(2) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4); S.S.I. 2011/334, art. 3, Sch. Pt. 1 (with art. 4, art. 5(2)(3)); S.S.I. 2012/288, art. 3(1)(b) (2), Sch. 1 Pt. 2, (with Sch. 2 para. 1(q), 4(2))