Section 9 Division of croftF1

Scotland

(1)

A crofter shall not divide his croft unless he obtains the consent of the Commission.

(F21A)

Where consent is applied for under subsection (1) in relation to an unregistered croft, the Commission—

(a)

may not grant that consent 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 consent was made;

(b)

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

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F43)

In relation to a registered croft (other than a first registered croft)—

(a)

any consent of the Commission given under this section to a division of the 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.

(3A)

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.

(4)

After division, the rent payable for the new crofts shall be that agreed between the landlord and the tenant.

(5)

In the event that such agreement cannot be reached, the Land Court, on the application of the landlord or the tenant, shall have the power to determine the rent in accordance with subsections (3) and (4) of section 6 of this Act, the fees payable in connection with such an application being borne by the tenant.

(6)

In this section—

“division” means the division of a croft into two or more new crofts (“divide” being construed accordingly);
“original croft” means the croft which is the subject of an application for division; and
“new crofts”mean each of the crofts created by the division of the original croft.

Annotations

Textual amendments

F1: S. 9 substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 10, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
F2: S. 9(1A) inserted (30.11.2013) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(9)(a) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(c) (with sch. 2 para. 11(1))
F3: S. 9(2) repealed (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(9)(b) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)
F4: S. 9(3)(3A) substituted for s. 9(3) (30.11.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(9)(c) (with s. 57(4)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2 (with sch. 2 para. 1(p) 11(2))

Notes on Crofters' duties relating to residency, use, misuse and neglect of crofts

Textual amendments

F1: Ss. 5A, 5B inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 8, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
F2: S. 5AA and cross-heading inserted (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 33(2), 57(2) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)