Section 24B Commission's powers in relation to applications under section 24AF1

Scotland

(1)

The Commission may, on an application under section 24A(1), give a decrofting direction or refuse to grant the application.

(2)

But the Commission need not consider the application if—

(a)

they have given the owner-occupier crofter a direction under section 26J(1) requiring the owner-occupier crofter to submit proposals for letting the owner-occupier's croft and the period within which such proposals must be submitted has not expired, or

(b)

no such proposals having been submitted before the expiry of that period or, such proposals having been submitted, no such proposal having been approved, they are proceeding in accordance with subsections (7) and (8) of section 26J.

(3)

And, where the application relates to an unregistered croft, the Commission—

(a)

may not give a decrofting direction unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for the direction is made,

(b)

need not, during that 6 month period, consider the application for the direction until an application for first registration of the croft is submitted.

Annotations

Textual amendments

F1: Ss. 24A-24D inserted (retrospective to 1.10.2011) by Crofting (Amendment) (Scotland) Act 2013 (asp 10), ss. 1(2), 3, 6 (with s. 5)

Notes on Consent for absence from croft

Textual amendments

F1: Ss. 21B-21D and cross-heading inserted (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 35, 57(2) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)