Paragraph 1 Crofters (Scotland) Act 1993I1

Scotland Not yet in force

(1)

The Crofters (Scotland) Act 1993 is modified as follows.

(2)

In section 2 (particular powers and duties of the Commission), subsection (3) is repealed.

(3)

In section 2C (duty to produce plan), in subsection (2), in the opening words for “6” substitute “12”.

(4)

In section 3A(8) (new crofts), in paragraph (b), leave out “the crofting community in the locality of the land” and insert “any crofting community which, in the opinion of the Commission, may be affected by, or have an interest in, the application”.

(5)

In section 5A (complaint as respects breach of the statutory conditions), in subsection (1), for “in the locality of the croft” substitute “of the township within which the croft is situated”.

(6)

In section 5C(6) (crofters: duty to cultivate and maintain), in paragraph (a), for “in the locality of the land” substitute “of the township within which the land is situated (other than the applicant)”.

(7)

In section 10 (bequest of croft)—

(a)

in subsection (1)(b)(ii), for “all the bequests” substitute “the bequest”,

(b)

in subsection (4C), after “bequest” insert “of the tenancy of a croft as mentioned in subsection (1)(b)”.

(8)

In section 17 (provision supplementary to sections 13 and 15), in subsection (6), for “wife or husband” substitute “spouse or civil partner”.

(9)

In section 19A (schemes for development)—

(a)

in subsection (2)(d)—

(i)

in paragraph (i), for “that community” substitute “the crofting community in the area affected by the development”,

(ii)

in paragraph (ii), for “community” substitute “crofting community”,

(b)

in subsection (3)(b), for “community” where it second occurs substitute “crofting community”,

(c)

in subsection (11)—

(i)

paragraph (c) is repealed,

(ii)

in paragraph (d), for “to (c)” substitute “and (b)”.

(10)

In section 20 (resumption of croft or part of croft by landlord)—

(a)

in subsection (1), for “in the locality of the croft” substitute “of the township within which the croft is situated”,

(b)

in subsection (1AA)(b), for “in the locality of the croft” substitute “of the township within which the croft is situated”,

(c)

in subsection (1AC)(a)—

(i)

in sub-paragraph (i), for the words from “locality” to the end of the sub-paragraph substitute “parish within which the croft is situated,”,

(ii)

in sub-paragraph (ii), for the words from “community” to the end of the sub-paragraph substitute “communities in that parish,”,

(iii)

in sub-paragraph (iii), for “locality or such an area;” substitute “parish,”,

(iv)

in sub-paragraph (iv), for “locality or such an area;” substitute “parish,”.

(11)

In section 25 (provisions supplementary to s.24(3))—

(a)

in subsection (1)(a), for “in the locality of the croft” substitute “of the township within which the croft is situated,”,

(b)

in subsection (1A)(b),

“in the locality of the croft” substitute “of the township within which the croft is situated”,

(c)

in subsection (1B)(a)—

(i)

in subsection paragraph (i),

for the words from “locality” to the end of the sub-paragraph substitute “parish within which the croft is situated,”,

(ii)

in sub-paragraph (ii), for the words from “community” to the end of the sub-paragraph substitute “communities in that parish,”,

(iii)

in sub-paragraph (iii), for “locality or such an area;” substitute “parish,”,

(iv)

in sub-paragraph (iv), for “locality or such an area;” substitute “parish,”,

(d)

in subsection (8)—

(i)

in paragraph (a)(i),

for “in the locality of the land” substitute “of the township within which the land is situated”,

(ii)

in paragraph (b), for “in the locality of the land,” substitute “of the township within which the land is situated,”.

(12)

In section 26G (division of croft before taking action), in subsection (2)(c), for “in the locality of the croft or owner-occupied croft” substitute “of the township within which the croft or owner-occupied croft is situated”.

(13)

In section 26H (crofters: tenancy termination procedure), in subsection (1), for “in the locality of the croft” substitute “of the township within which the croft is situated”.

(14)

Section 27 (provisions as to right to sublet) is modified as follows—

(a)

in subsection (1), the words “, for a period not exceeding 10 years,” are repealed,

(b)

after subsection (2), insert—

“(2C)

A sublease of a croft must not be for a period exceeding 10 years.”.

(15)

In section 29 (miscellaneous provisions regarding subleases of crofts)—

(a)

in subsection (2)—

(i)

the “or” immediately following paragraph (b) is repealed,

(ii)

paragraph (c) is repealed,

(iii)

paragraph (d) is repealed,

(b)

in subsection (4), for “sections 27 and 28” substitute “section 27”.

(16)

In section 30 (compensation to crofter for improvements)—

(a)

in subsection (6A), in paragraph (a), for “purposeful use as is mentioned in section 5C(2)(a)(ii) of this Act” substitute “use as is mentioned in section 5C(2)(a)(ii) or (iii)”,

(b)

in subsection (6B)—

(i)

the “or” immediately following paragraph (a) is repealed,

(ii)

after paragraph (a), insert—

“(aa)

before the crofter puts their croft to any use as is mentioned in section 5C(2)(a)(ii), the landlord gives written intimation to the crofter that, as respects that use, subsection (6A) should not apply,

(ab)

before the Commission make a determination under section 50ZA(4A), the owner gives written intimation to the Commission or the proposer that, as respects the use applied for under section 50(2), subsection (6A) should not apply, or”,

(iii)

in paragraph (b), for “approve under section 50B(11) of this Act” substitute “grant the approval applied for under section 50B(6) for”.

(17)

In section 36 (compensation to cottar for improvements)—

(a)

in subsection (1)(b), for “wife or husband” in both places it appears substitute “spouse or civil partner”,

(b)

in subsection (5), for “wife or husband” in both places it appears substitute “spouse or civil partner”.

(18)

In section 41 (Register of Crofts)—

(a)

in subsection (2), in paragraph (cc)—

(i)

in the opening words, after “tenant” insert “or, as the case may be, the owner-occupier crofter”,

(ii)

for sub-paragraph (iii), substitute—

“(iii)

any use of the grazing—

(A)

as woodlands by virtue of section 50ZA(7), or of woodlands as part of the grazing by virtue of section 50A,

(B)

for an environmental purpose by virtue of section 50ZA(7), or an environmental purpose for as part of the grazing by virtue of section 50AA,”,

(iii)

in sub-paragraph (iv), for “use as woodlands” substitute “a use mentioned in sub-paragraph (iii)”,

(b)

in subsection (2), in the closing words, for “landlord and the tenant” substitute “tenant and the landlord or, as the case may be, the owner-occupier crofter,”.

(19)

In section 48 (powers and duties of grazings committees)—

(a)

in subsection (1)(a), for “approved under section 50B(11) of this Act” substitute “which has obtained the approval applied for under section 50B(6)”,

(b)

in subsection (4A)—

(i)

for “referred to in subsection (6) of section 50B of this Act” substitute “applied for under section 50B(6)”,

(ii)

for “subsection (11) of that section” substitute “section 58A”,

(c)

in subsection (6A), for “approved under section 50B(11)” substitute “which has obtained the approval applied for under section 50B(6)”.

(20)

In section 49(2)(a) (common grazings regulations), for “approved under section 50B(11) of this Act” substitute “which has obtained the approval applied for under section 50B(6)”.

(21)

In section 51A (new common grazing)—

(a)

in subsection (4)(b), for “the crofting community in the locality of the land” substitute “any crofting community which, in the opinion of the Commission, may be affected by, or have an interest in, the application”,

(b)

in subsection (5)—

(i)

after paragraph (a) insert “and”,

(ii)

the “and” immediately following paragraph (b) is repealed,

(iii)

paragraph (c) is repealed,

(c)

in subsection (7), for paragraph (d) substitute—

“(d)

an environmental purpose,

(e)

a purpose other than is mentioned in paragraphs (a) to (d).”.

(22)

In section 52 (miscellaneous provisions as to common grazings, as to lands held runrig, and as to use by crofters of peat bogs, etc.)—

(a)

in subsection (3), for “apportion a common grazing shared by two or more townships into separate parts for the exclusive use of the several townships or may apportion” substitute “decide to apportion a common grazing shared by two or more townships into separate parts for the exclusive use of the several townships or may decide to apportion”,

(b)

in subsection (3A)(a)—

(i)

for “apportionment of” substitute “decision to apportion”,

(ii)

for “common grazing was so apportioned” substitute “decision was made”,

(c)

for subsection (4), substitute—

“(4)

The Commission may, on the application of any crofter of a registered croft who holds a right in a common grazing, and after consultation with the grazings committee, decide to apportion a part of the common grazing (including the site of the dwelling-house of the crofter so applying if situated on the common grazing), other than a part on which the grazings committee have, under section 48(4)—

(a)

planted trees and which they are using as woodlands, for the exclusive use of the applicant, or

(b)

used for an environmental purpose.”,

(d)

in subsection (5B)(a)—

(i)

for “apportionment of”, in the first place it occurs, substitute “decision to apportion”,

(ii)

for “part was so apportioned” substitute “decision was made”,

(e)

in subsection (5C)(a)—

(i)

for “apportionment of” substitute “decision to apportion”,

(ii)

for “part was so apportioned” substitute “decision was made”,

(f)

in subsection (8), before “apportion” insert “decide to”,

(g)

in subsection (8A), for “an apportionment” (in both places it occurs substitute “a decision to apportion”,

(h)

in subsection (11)—

(i)

for “extend” substitute “decide to extend”,

(ii)

for the words from “the township” to the end substitute

“(as the case may be)—

(a)

any person who appears to the Commission to represent the interests of the township which has exclusive use, or

(b)

the crofter who has exclusive use.”,

(i)

in subsection (11A)(a)—

(i)

for “extension under subsection (11) of” substitute “decision under subsection (11) to extend”,

(ii)

for “period was so extended” substitute “decision was made”,

(j)

in subsection (12)—

(i)

after “Commission may,” insert “of their own accord or”,

(ii)

for “that township or” substitute “any person who appears to the Commission to represent that township or the”,

(iii)

after paragraph (a), insert—

“(aa)

review an apportionment made in pursuance of section 27(3) and (4) of the Crofters (Scotland) Act 1955,”,

(iv)

in paragraph (b)(iii), for “an apportionment made as mentioned in paragraph (a) above to an end” substitute “to an end (in whole or in part) an apportionment made as mentioned in paragraph (a) or (aa)”,

(k)

after subsection (15), insert—

“(16)

Where the Commission make any determination under subsection (12)(b) of their own accord, section 52A applies as if that determination were a decision of the Commission on an application to them under this Act.”.

(23)

In section 58A (obtaining Commission approval or consent)—

(a)

in subsection (4)(b), for “in the locality of that land” substitute “of the township within which that land is situated”,

(b)

for subsection (7)(a)(ii), substitute—

“(ii)

whether the croft is being or will be—

(A)

cultivated,

(B)

put to any environmental use (within the meaning of section 5C(8A)), or

(C)

put to another purposeful use,”,

(c)

in subsection (7)(c), for “in the locality of that land” substitute “of the township within which that land is situated”.

(24)

In schedule 1 (the Crofting Commission)—

(a)

in paragraph 9(1)(d), for “convener” substitute “chair of the Commission”,

(b)

in paragraph 10(1), for “convener” substitute “chair”,

(c)

in paragraph 16(3)(a), for “provide information to crofting communities” substitute “publish information”.

(25)

In schedule 2 (the statutory conditions), in paragraph 5(c), after “put to” insert “any environmental use (within the meaning of section 5C(8A) or to”.

Annotations

Commencement

I1: Sch. 2 para. 1 not in force at Royal Assent, see s. 66(2)