The Crofting Reform (Scotland) Act 2010 (Commencement No. 3, Transitory, Transitional and Savings Provisions) Order 2012
Draft 2012, ISBN 9780111017821
Draft Order laid before the Scottish Parliament under section 53(4) of the Crofting Reform (Scotland) Act 2010 for approval by resolution of the Scottish Parliament.
Crofters, Cottars And Small Landholders
Made 2012
Coming into force 30th October 2012
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 53(2) and 57(2) and (3) of the Crofting Reform (Scotland) Act 2010f1.
In accordance with section 53(4) of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.
Annotations to the whole text
Footnotes
- f1
-
2010 asp 14. The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Order is subject to the affirmative procedure by virtue of section 33(3) of that Act.
Contents
- 1Citation, commencement and interpretation
- 2Citation, commencement and interpretation
- 3Commencement – days appointed
- 4Transitory, transitional and savings provisions
- Signature
- Schedule 1: Commencement
- 1Provisions of the 2010 Act for which the day appointed for the coming into force is 30thOctober 2012
- 2Provisions of the 2010 Act for which the day appointed for the coming into force is 30thNovember2012
- Schedule 2: Transitory, transitional and savings provisions
- 1Period of voluntary registration
- 2New crofts
- 3New common grazings
- 4Duties of certain owner-occupiers of crofts
- 5Enforcement of duties of crofters and certain owner-occupiers
- 6Letting of owner-occupied crofts
- 7Enlargement of crofts
- 8Bequests of crofts
- 9Exchange of crofts or parts of crofts
- 10Assignation of crofts
- 11Division of crofts
- 12Intestacy
- 13Resumption of croft or part of croft by landlord
- 14Reversion of resumed land
- 15Vacant crofts
- 16Decrofting in case of resumption or vacancy of croft
- 17Provisions supplementary to section 24(3) of the 1993 Act
- 18Putting into effect of reorganisation schemes
- 19Apportionment of common grazings
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Crofting Reform (Scotland) Act 2010 (Commencement No. 3, Transitory, Transitional and Savings Provisions) Order 2012 and comes into force on 30th October 2012.
2Citation, commencement and interpretation
In this Order—
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“the 2010 Act” means the Crofting Reform (Scotland) Act 2010; and
-
“the 1993 Act” means the Crofters (Scotland) Act 1993f1.
3Commencement – days appointed
Subject to paragraph (2)—
the day appointed for the coming into force of the provisions of the 2010 Act specified in column 1 of Part 1 of Schedule 1 (the subject matter of which is specified in column 2 of that Part) is 30th October 2012;
the day appointed for the coming into force of the provisions of the 2010 Act specified in column 1 of Part 2 of Schedule 1 (the subject matter of which is specified in column 2 of that Part) is 30th November 2012; and
the day appointed for the coming into force of the provisions of the 2010 Act, so far as not already in force, is 30th November 2013.
Where a purpose is specified in column 3 of Schedule 1 in relation to any provision, that provision comes into force in accordance with paragraph (1)(a) or (b) for that purpose only.
4Transitory, transitional and savings provisions
Schedule 2 makes transitory, transitional and savings provisions in connection with the provisions of the 2010 Act commenced by this Order.
Signature
Name
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
1Provisions of the 2010 Act for which the day appointed for the coming into force is 30thOctober 2012
Column 1 (Provision of the 2010 Act) | Column 2 (Subject matter) | Column 3 (Purpose) |
|---|---|---|
| Section 3 | The Crofting Register | |
| Section 4 | First registration | For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders or regulations |
| Section 5 | Registration of events affecting registered crofts | For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders or regulations |
| Section 11 | The registration schedule | For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders |
| Section 12 | Notification of first registration | For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders |
| Section 19 | Rules and fees | |
| Section 25 | Registration of events affecting registered common grazings | For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make regulations or orders |
| Section 28 | Application of Act to common grazings | For the purpose of the provisions of schedule 3 specified in column 1 of this Part of the Schedule below |
| Section 32 | Lands held runrig | For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders Subsection (12) is also commenced for the purpose of the application of sections 11, 12 and 19 of the 2010 Act to land held runrig, but in the case of sections 11 and 12 only for the purpose of enabling the Scottish Ministers to exercise powers conferred by those sections to make orders |
| Section 52 | Pre-consolidation modifications of enactments relating to crofting | |
| Schedule 3, paragraph 4 | Application of section 11 of the 2010 Act to common grazings | For the purpose of enabling the Scottish Ministers to exercise powers conferred by the paragraph to make orders |
| Schedule 3, paragraph 5 | Application of section 12 of the 2010 Act to common grazings | For the purpose of enabling the Scottish Ministers to exercise powers conferred by the paragraph to make orders |
| Schedule 3, paragraph 12 | Application of section 19 of the 2010 Act to common grazings |
2Provisions of the 2010 Act for which the day appointed for the coming into force is 30thNovember2012
Column 1 (Provisions of the 2010 Act) | Column 2 (Subject matter) | Column 3 (Purpose) |
|---|---|---|
| Section 4(2) and (3) | First registration: voluntary | For all remaining purposes |
| Section 4(10) and (11) | Definition of “first registration”, “croft” and “new croft” | |
| Section 5 | Registration of events affecting registered crofts | For all remaining purposes |
| Section 6(2) | Registration of events affecting registered crofts | |
| Section 7(1) and (3) to (8) | Applications for registration | |
| Section 8 | Acceptance of applications for registration | |
| Section 9 | Completion of registration | |
| Section 10(1) and (2) | Completion of registration: further provision on first registrations | |
| Section 11 | The registration schedule | For all remaining purposes |
| Section 12(1), (2)(a) and (3) to (10) | Notification of first registration | For all remaining purposes |
| Section 13 | Power of entry etc. where Commission are applicant | |
| Section 14(1), (2) and (4) to (7) | Challenge to first registration | |
| Section 15 | Resumed and decrofted crofts | |
| Section 16 | Rectification of the register | |
| Section 17 | Rectification following first registration | |
| Section 18 | Indemnity in respect of loss | |
| Section 20 | Appeals | |
| Section 21(1), (2), (4) and (5) | Notification of change to registration schedule | |
| Section 22 | Meaning of “croft” etc. | |
| Section 24(1)(b), (2) and (3) | First registration of common grazings | |
| Section 25 | Registration of events affecting registered common grazings | For all remaining purposes |
| Section 26(1)(b), (3) to (14) | Applications for registration: common grazings | |
| Section 28 | Application of Act to common grazings | For all remaining purposes |
| Section 29(4), (5) and (6) | Transfer of land containing crofts: offences | |
| Section 30 | Change of landlord: offences | |
| Section 31 | Transfer of land on which common grazing is situated: offences | |
| Section 32 | Lands held runrig | For all remaining purposes |
| Section 34 | Duties of certain owner-occupiers of crofts | For the purpose of inserting section 19D(4) and (5) into the 1993 Act |
| Section 37 | Enforcement of duties of crofters and certain owner-occupiers | For the purpose of inserting sections 26G(3) and (4), 26J(6) and (10) and 26K(9) into the 1993 Act |
| Section 39 | Letting of owner-occupied crofts | For the purpose of inserting section 29A(3) and (8) into the 1993 Act |
| Section 46 | Enlargement of crofts | For the purpose of inserting section 4(5) and (6) into the 1993 Act |
| Section 47 | Enlargement of common grazings | For all remaining purposes |
| Section 49 | Bequest of crofts | For all remaining purposes |
| Section 55 | Minor and consequential amendments and repeals | For the purpose of the provisions of schedule 4 (minor and consequential amendments and repeals) specified in column 1 of this Part of the Schedule below |
| Schedule 2, Table 2 | Persons responsible for applications for registration of registered crofts | |
| Schedule 3 | Application of sections 8 to 21 of the 2010 Act to common grazings | For all remaining purposes |
| Schedule 4, paragraph 3(5)(a) | Amendment of section 4A of the 1993 Act | For the purpose of inserting section 4A(2B) into the 1993 Act |
| Schedule 4, paragraphs 3(8)(c) and (d) | Amendment of section 8 of the 1993 Act | |
| Schedule 4, paragraph 3(9)(c) | Amendment of section 9 of the 1993 Act | |
| Schedule 4, paragraph 3(10)(b) | Amendment of section 11 of the 1993 Act | |
| Schedule 4, paragraph 3(11)(a) | Amendment of section 20 of the 1993 Act | For the purpose of inserting section 20(1ZB) and (1ZC) into the 1993 Act |
| Schedule 4, paragraphs 3(11)(b) to (d) | Amendment of section 20 of the 1993 Act | |
| Schedule 4, paragraph 3(12)(a) | Amendment of section 21A of the 1993 Act | For the purpose of inserting section 21A(1B) and (1C) into the 1993 Act |
| Schedule 4, paragraph 3(12)(b) | Amendment of section 21A of the 1993 Act | |
| Schedule 4, paragraph 3(14)(a) | Amendment of section 23 of the 1993 Act | For the purpose of inserting section 23(3ZB) into the 1993 Act |
| Schedule 4, paragraph 3(14)(d) | Amendment of section 23 of the 1993 Act | For the purpose of inserting section 23(5ZE) into the 1993 Act |
| Schedule 4, paragraph 3(14)(e) | Amendment of section 23 of the 1993 Act | For the purpose of inserting section 23(5E) into the 1993 Act |
| Schedule 4, paragraph 3(15)(c) | Amendment of section 24 of the 1993 Act | For the purpose of inserting section 24(3C) into the 1993 Act |
| Schedule 4, paragraph 3(16)(a) | Amendment of section 25 of the 1993 Act | |
| Schedule 4, paragraph 3(16)(b) | Amendment of section 25 of the 1993 Act | For the purpose of inserting section 25(4ZC) and (4ZD) into the 1993 Act |
| Schedule 4, paragraph 3(31)(a) and (b) | Amendment of section 52 of the 1993 Act | |
| Schedule 4, paragraph 3(31)(c) | Amendment of section 52 of the 1993 Act | For the purpose of inserting section 52(5B) to (5D) into the 1993 Act |
| Schedule 4, paragraph 3(31)(d) to (h) | Amendment of section 52 of the 1993 Act | |
| Schedule 4, paragraph 3(32)(a) | Amendment of section 52A of the 1993 Act | |
| Schedule 4, paragraph 3(33) | Amendment of section 53 of the 1993 Act | |
| Schedule 4, paragraph 3(36)(c) | Amendment of section 61 of the 1993 Act | |
| Schedule 4, paragraph 3(36)(d) | Amendment of section 61 of the 1993 Act | For all remaining purposes |
| Schedule 4, paragraph 3(36)(e) | Amendment of section 61 of the 1993 Act | For the purpose of inserting the definition of “first registration” into section 61(1) of the 1993 Act |
| Schedule 4, paragraph 3(36)(f) and (g) | Amendment of section 61 of the 1993 Act | |
| Schedule 4, paragraph 3(36)(j) | Amendment of section 61 of the 1993 Act | For all remaining purposes |
1Period of voluntary registration
From 30th November 2012 until 30th November 2013—
section 4(11) of the 2010 Act is to be read as if—
paragraph (a)(ii) of the definition of “croft” was omitted; and
the definition of “new croft” was omitted;
section 7(3) of the 2010 Act is to be read as if—
the words in parenthesis in paragraph (a) were omitted; and
the words “to section 3AA of the 1993 Act and” were omitted;
section 8(5) of the 2010 Act is to be read as if the words in parenthesis were omitted;
section 9(2)(b) of the 2010 Act is to be read as if the words in parenthesis were omitted;
section 9(4) of the 2010 Act is to be read as if the words in parenthesis were omitted;
section 10(1) of the 2010 Act is to be read as if the words in parenthesis were omitted;
section 12(8) of the 2010 Act is to be read as if the words in parenthesis were omitted;
section 17(1) of the 2010 Act is to be read as if the words in the first parenthesis were omitted;
section 24(1)(b) of the 2010 Act is to be read as if the words “, in any other case,” were omitted;
section 26(4) of the 2010 Act is to be read as if the words “to section 51B of the 1993 Act and” were omitted;
section 4(5) of the 1993 Act is to be read as if the words “or a first registered croft” were omitted;
section 4(6) of the 1993 Act is to be read as if the words in parenthesis were omitted;
section 4A(2B) of the 1993 Act is to be read as if the words in parenthesis were omitted;
section 8(6) of the 1993 Act is to be read as if the words “or a first registered croft” were omitted;
section 8(6A) of the 1993 Act is to be read as if the words in parenthesis were omitted;
section 9(3) of the 1993 Act is to be read as if the words in parenthesis were omitted;
section 19D(4) of the 1993 Act is to be read as if the words in parenthesis were omitted;
section 20(1ZB) of the 1993 Act is to be read as if the words in parenthesis were omitted;
section 23(3ZB) of the 1993 Act is to be read as if the words in the first parenthesis were omitted;
section 24(3C) of the 1993 Act is to be read as if the words in the first parenthesis were omitted;
section 25(4) of the 1993 Act is to be read as if the words “subsections (4ZB) and (4ZD)” were “subsection (4ZD)”;
section 29A(3) of the 1993 Act is to be read as if the words in the first parenthesis were omitted;
section 52(5B) of the 1993 Act is to be read as if the words in parenthesis were omitted; and
section 52(12A) of the 1993 Act is to be read as if the words in parenthesis were omitted.
2New crofts
The coming into force of sections 4(1) (for all remaining purposes) and 23 of the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to a new croft where the application to the Commission to exercise their power under section 3A(1) or, as the case may be, (2), of the 1993 Act to constitute land, or as the case may be, a holding, as a croft, was made before that date.
3New common grazings
The coming into force of sections 24(1)(a) and 27 of the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to a new common grazing where the application to the Commission to exercise their power under section 51A(1) of the 1993 Act to constitute the land as a common grazing was made before that date.
4Duties of certain owner-occupiers of crofts
The coming into force of section 34 of the 2010 Act for the purpose of inserting section 19D(3) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered owner-occupied croft where the application under section 19D(2) of the 1993 Act for consent to divide the croft was made before that date.
The coming into force of section 34 of the 2010 Act for the purpose of inserting section 19D(5) into the 1993 Act on 30th November 2012 by virtue of article 3(1)(b) has no effect in relation to a new croft created by the division of an unregistered owner-occupier croft where the application under section 19D(2) of the 1993 Act for consent to divide the croft is made before 30th November 2013.
5Enforcement of duties of crofters and certain owner-occupiers
Where an unregistered croft or owner-occupied croft is divided by the Commission before 30th November 2013, section 26G(3)(a) of the 1993 Act is to be read as if the reference to the date of registration in consequence of an application under section 4 of the 2010 Act were a reference to the date on which the Commission enters in the Register of Crofts in accordance with section 41 of the 1993 Act any information to be entered in that register as regards the division.
The coming into force of section 37 of the 2010 Act for the purpose of inserting section 26G(4) into the 1993 Act on 30th November 2012 by virtue of article 3(1)(b) has no effect in relation to a new croft created by the division of an unregistered croft or owner-occupied croft by the Commission before 30th November 2013.
The coming into force of section 37 of the 2010 Act for the purpose of inserting section 26J(5) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to the letting of an unregistered owner-occupier croft in accordance with proposals submitted under section 26J(1) of the 1993 Act where the letting occurred before that date.
The coming into force of section 37 of the 2010 Act for the purpose of inserting section 26J(9) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to the letting of an unregistered owner-occupier croft pursuant to a decision under section 26J(8) of the 1993 Act where the letting occurred before that date.
6Letting of owner-occupied crofts
The coming into force of section 39 of the 2010 Act for the purpose of inserting section 29A(2) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered owner-occupier croft (or any part of it) where the application under section 29A(1) of the 1993 Act for the consent of the Commission was made before that date.
7Enlargement of crofts
The coming into force of section 46 of the 2010 Act for the purpose of inserting section 4(3) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 4(2) of the 1993 Act for a direction enlarging the croft under section 4(4) was made before that date.
8Bequests of crofts
Where notice of a bequest mentioned in section 10(1)(a) of the 1993 Act of an unregistered croft is given in accordance with section 10(2) or (2A) of the 1993 Act before 30th November 2013, section 10(7) of the 1993 Act is to be read as if the reference to the date of registration in relation to the application for registration of the croft by virtue of section 4(4)(e) of the 2010 Act were a reference to the date of entry by the Commission in the Register of Crofts in accordance with section 41 of the 1993 Act of any information to be entered in that register as regards the receipt of the notice of the bequest.
Where an application for consent to divide an unregistered croft under section 9 of the 1993 Act is made in pursuance of section 10(4A) of the 1993 Act before 30th November 2013, paragraph (a) of the definition of “relevant date” in section 10(8) is to be read as if the reference to the date the Keeper receives notification of the Commission’s consent to divide the croft by virtue of section 10(7) of the 2010 Act were a reference to the date of entry by the Commission in the Register of Crofts in accordance with section 41 of the 1993 Act of any information to be entered in that register as regards the division.
9Exchange of crofts or parts of crofts
The coming into force of paragraph 3(5)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 4A(2A) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or any part of such a croft) where the application under section 4A(1) of the 1993 Act for the consent of the Commission to exchange the croft (or any part of the croft) was made before that date.
10Assignation of crofts
The coming into force of paragraph 3(8)(a) (for all remaining purposes) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 8(1) of the 1993 Act for consent to assign the croft was made before that date.
11Division of crofts
The coming into force of paragraph 3(9)(a) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 9(1) of the 1993 Act for consent to divide the croft was made before that date.
The coming into force of paragraph 3(9)(c) of schedule 4 to the 2010 Act on 30th November 2012 by virtue of article 3(1)(b) has no effect in relation to an unregistered croft where the application under section 9(1) of the 1993 Act for consent to divide the croft is made before 30th November 2013.
12Intestacy
Where notice of a transfer such as is mentioned in section 11(1) of the 1993 Act of an unregistered croft is given before 30th November 2013, section 11(1A) of the 1993 Act is to be read as if the reference to the transfer taking effect in relation to an application for registration of the giving of notice under subsection (1) by virtue of section 4 of the 2010 Act on the date of registration were a reference to the transfer taking effect on the date of the entry by the Commission in the Register of Crofts in accordance with section 41 of the 1993 Act of any information to be entered in that register as regards the transfer.
13Resumption of croft or part of croft by landlord
The coming into force of paragraph 3(11)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 20(1ZA) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or any part of such a croft) where the application under section 20(1) of the 1993 Act to resume the croft was made before that date.
14Reversion of resumed land
The coming into force of paragraph 3(12)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 21A(1A) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or part of such a croft) where the order under section 21A(1) of the 1993 Act for reversion was made before that date.
15Vacant crofts
The coming into force of paragraph 3(14)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 23(3ZA) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or any part of such a croft) where the application under section 23(3) of the 1993 Act for the approval of the Commission was made before that date.
The coming into force of paragraph 3(14)(d) of schedule 4 to the 2010 Act for the purpose of inserting section 23(5ZD) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the letting in accordance with proposals submitted under section 23(5) of the 1993 Act occurred before that date.
The coming into force of paragraph 3(14)(e) of schedule 4 to the 2010 Act for the purpose of inserting section 23(5D) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the letting pursuant to the determination under section 23(5C) of the 1993 Act occurred before that date.
16Decrofting in case of resumption or vacancy of croft
The coming into force of paragraph 3(15)(b) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the notice under section 24(2) of the 1993 Act requiring the making of a decrofting direction was given before that date.
The coming into force of paragraph 3(15)(c) of schedule 4 to the 2010 Act for the purpose of inserting section 24(3B) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 24(3) of the 1993 Act for a decrofting direction was given before that date.
17Provisions supplementary to section 24(3) of the 1993 Act
The coming into force of paragraph 3(16)(b) of schedule 4 to the 2010 Act for the purpose of inserting section 25(4ZA) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 25(4) of the 1993 Act for a decrofting direction was given before that date.
18Putting into effect of reorganisation schemes
The coming into force of paragraph 3(23)(c) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to a reorganisation scheme in relation to which the Commission has appointed a date under section 39(2) of the 1993 Act before that date.
19Apportionment of common grazings
The coming into force of paragraph 3(31)(c) of schedule 4 to the 2010 Act for the purpose of inserting section 52(5A) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 52(4) of the 1993 Act for the apportionment of a part of a common grazing was made before that date.
Explanatory note
(This note is not part of the Order)
This Order brings into force all of the provisions of the Crofting Reform (Scotland) Act 2010 (“the 2010 Act”) which are not currently in force.
Article 3(1)(a) and Part 1 of Schedule 1 appoint 30th October 2012 for the coming into force of certain provisions concerning the new Crofting Register. These concern the establishment of the Register itself and the making of subordinate legislation in connection with registration in that Register. In addition, section 52 of the 2010 Act, which gives the Scottish Ministers power to make an order making pre-consolidation modifications of enactments relating to crofting, also comes into force on this date.
Article 3(1)(b) and Part 2 of Schedule 1 appoint 30th November 2012 for the coming into force of certain provisions concerning registration in the new Register. These concern permitting first registration and requiring the registration of subsequent events in connection with existing registrations.
Article 3(1)(c) appoints 30th November 2013 for the coming into force of the remaining provisions of the 2010 Act. These provisions relate to imposing requirements to register in certain circumstances.
Article 4 and Schedule 2 make transitional, transitory and savings provision in connection with the provisions commenced by article 3.