# Crofters (Scotland) Act 1993, Section 19D: Division of owner-occupied crofts


(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.

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Source: https://www.legislation.gov.uk/ukpga/1993/44/section/19D (the official version)
Page: https://openlegislation.uk/crofters-scotland-act-1993/section-19D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.