Section 11 New crofts: power to determine applicant will become the owner-occupier crofterI1

The 1993 Act is modified as follows.

After section 3A, insert—

“New crofts: determination that applicant is to become the owner-occupier crofter

3AZA

(1)

Subsection (2) applies in relation to an application made under section 3A(1) which—

(a)

is made by an individual,

(b)

relates to land which is not occupied, in whole or in part, by any tenant, and

(c)

is accompanied by a statement of intent (which is a statement that the applicant wishes, if the Commission make a determination to exercise their power under section 3A(1) to constitute land as a croft, to become the owner-occupier crofter of the croft so constituted).

(2)

The procedure in section 3A continues to apply in relation to the application, but subject to the following modifications—

(a)

the reference in subsection (5) to an application is to be read as including a reference to the statement of intent,

(b)

the reference in subsection (6) to the application is to be read as including a reference to the statement of intent,

(c)

as if for subsection (7) there were substituted—

“(7)

After the period mentioned in subsection (6) has elapsed the Commission must—

(a)

determine whether to—

(i)

accept the application and in doing so—

(A)

exercise their power under subsection (1) to constitute the land as a croft, and

(B)

at the same time, determine that the applicant is to become the owner-occupier of the croft so constituted, or

(ii)

reject the application, and

(b)

give public notification of that determination.”,

(d)

in subsection (8)—

(i)

the reference in paragraph (b) to the application is to be read as including a reference to the statement of intent,

(ii)

as if after paragraph (c) there were inserted—

“(d)

whether the applicant is or will be ordinarily resident on, or within 32 kilometres of, the croft,

(e)

whether the land is being or will be cultivated or put to any environmental use (within the meaning given in section 5C(8A)) or to another purposeful use,

(f)

any plan of the Commission approved and published under section 2C, and

(g)

any other matter the Commission considers relevant.”,

(e)

subsection (9) is omitted.”.