Crofting Reform etc. Act 2007

(38A) (1) Any crofter who is the tenant of a croft situated in the township in relation to which a reorganisation scheme is made or the landlord of any such croft or the owner of any common grazing associated with the township or the owner of any land included in the scheme by virtue of subsection (3)(a) of section 38 of this Act may, within 42 days after the Commission serve a copy of the reorganisation scheme on him under subsection (8)(b) of that section, appeal by way of stated case, on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court against— (a) the Commission's decision to reorganise the township; or (b) the scheme. (2) For the purposes of this section, the references in section 52A(3) to a “direction” and to “making” a direction are to be construed as including, respectively, references to a reorganisation scheme and to preparing such a scheme. (3) In an appeal under this section, the Court may— (a) confirm the decision and the scheme; (b) confirm the decision and require the Commission to— (i) make, by a date specified by the Court, such modifications to the scheme as the Court directs; and (ii) serve a copy of the modified scheme on each of the persons mentioned in section 38(10) of this Act; or (c) revoke the Commission's decision.

.

• (4) In section 39 (putting schemes into effect)—

• (a) for subsection (1), there is substituted—

(1) The Commission shall not take any steps in discharge of their duties or powers under this section in relation to a reorganisation scheme until (whichever first occurs)— (a) the period of 42 days mentioned in section 38A(1) of this Act has elapsed without any appeal to the Land Court under that section being made; or (b) every such appeal timeously made is— (i) decided and, where by virtue of subsection (3)(b)(i) of section 38A of this Act the Land Court has required modifications to be made to the scheme, those modifications have been made and the Commission have complied with subsection (3)(b)(ii) of that section; or (ii) abandoned. (1A) The Commission— (a) shall put into effect a reorganisation scheme— (i) prepared by them under section 38(8)(a); or (ii) where by virtue of subsection (3)(b)(i) of section 38A of this Act the Land Court has required modifications to be made to the scheme, of which they have served a copy by virtue of subsection (3)(b)(ii) of that section; and (b) may do all such things as are required for that purpose.

;

• (b) in subsection (3), for the words “shall, on a reorganisation scheme being confirmed by the Secretary of State,” there is substituted “ may ”;

• (c) after subsection (5) there is inserted—

(5A) Subsection (3A) of section 6 of this Act applies in relation to subsection (5) above as it applies in relation to the proviso to subsection (3) of that section.

;

• (d) in subsection (7), the words “, on the scheme being confirmed by the Secretary of State,” are repealed;

• (e) in subsection (8)—

• (i) for the words “Secretary of State shall, on confirming the scheme,” there is substituted “ Commission shall ”; and

• (ii) at the end of paragraph (b), there is inserted “ , and shall send a copy of each notice served by them under this subsection to the Scottish Ministers ” ;

• (f) in subsection (10)(b), for the words “of the confirmation of the scheme is served on him under paragraph 7 of Schedule 4 to this Act” there is substituted “ is served on him under subsection (6) above ”.

• (5) Schedule 4 (confirmation of schemes by Scottish Ministers etc.) is repealed.

Meaning of croft

21

In section 3 of the 1993 Act (meaning of “croft” and “crofter”)—

• (a) in subsection (1)—

• (i) after paragraph (c) there is inserted—

(cc) as from the date of registration, every holding situated— (i) as aforesaid; or (ii) as is mentioned in subsection (1)(b) of section 3A of this Act, and registered by virtue of an application under that section; (cd) as from the date of reversion, every holding reverting under section 20(1B), or by virtue of section 21A(1), of this Act;

;

• (ii) in paragraph (d), for the words “as aforesaid” there is substituted “ in the crofting counties ”; and

• (iii) after paragraph (e) there is inserted—

(f) as from the relevant commencement date, every holding— (i) entered in the Register of Crofts on that date which has been so entered for a continuous period of at least twenty years ending with that date; and (ii) in respect of which no application or reference seeking a declaration or order that the holding is not a croft is on that date pending before any court; (g) as from the date twenty years after registration, every holding— (i) entered in the Register of Crofts for a continuous period of twenty years ending after the relevant commencement date; and (ii) in respect of which no application or reference seeking a declaration or order that the holding is not a croft is at the end of that period pending before any court

; and

• (b) after subsection (1) there is inserted—

(1A) In paragraphs (f) and (g) of subsection (1) above, “the relevant commencement date” is the date on which section 21 of the Crofting Reform etc. Act 2007 (asp 7) comes into force.

.

Part 3 — Termination of tenancy, decrofting, etc.

Resumption and reversion

22

• (1) In section 20 of the 1993 Act (resumption of croft or part of croft by landlord)—

• (a) in subsection (1), after the word “interest” there is inserted “ or the interests of the crofting community in the locality of the croft ”;

• (b) after that subsection there is inserted—

(1A) A landlord making application under subsection (1) above must give notice of it to the Commission; and the Commission may, if they think fit, oppose or support the application. (1B) Without prejudice to the generality of subsection (1) above, resumption may be authorised under that subsection for a specified period of time (such resumption being in this Act referred to as “temporary resumption” and resumption other than for a specified period of time as “ordinary resumption”) and the land shall revert to being a croft (or to being part of a croft)— (a) on the date on which the period (or as the case may be the period as extended under subsection (1D) below) elapses; or (b) on such earlier date as the Land Court may specify in an order under section 21A(1) of this Act. (1C) Subject to subsection (1D) below, the Land Court may, on the application of the landlord, extend the period specified under subsection (1B) above. (1D) Where a planning permission granted for a limited period subsists for a change of the use of the land, being a change for which resumption was authorised, the Land Court must, on such application, extend the period so specified; but not to a date later than the end of the period specified in the condition under subsection (1)(b) of section 41 of the Town and Country Planning (Scotland) Act 1997 (c. 8) to which the permission is subject. (1E) In subsection (1D) above, “planning permission granted for a limited period” shall be construed in accordance with subsection (3) of that section. (1F) The Land Court may, on the application of the landlord made before the expiry of the specified period of time referred to in subsection (1B) above, determine that a resumption authorised as a temporary resumption is to be taken to be an ordinary resumption; and where such a determination is made— (a) subsections (1B) to (1D) above and the exception to subsection (2)(b) of section 21A of this Act shall cease to be applicable as respects the resumption; and (b) the Land Court may determine (either or both)— (i) that the landlord shall make further compensation under subsection (1) above; (ii) that the crofter shall, under section 21(1) of this Act, be entitled to a further share in the value of the land.

.

• (c) in subsection (3)(a), after sub-paragraph (viii) (but before the word “or” which immediately follows that sub-paragraph), there is inserted—

(viiia) the generation of energy;

.

• (2) In section 21 of the 1993 Act (crofter's right to share in value of land resumed by landlord)—

• (a) after subsection (1) there is inserted—

(1A) If it thinks fit the Land Court may, having regard to how the purpose for which resumption is authorised is to be carried out, determine that a sum awarded under this section shall be payable in instalments of such amounts and on such dates as it shall specify in the determination. (1B) On making a determination under subsection (1A), the Land Court shall intimate to the Commission that it has done so and provide them with a copy of the determination; and the Commission shall enter that copy in the Register of Crofts. (1C) When so entered the determination shall bind any successor to the landlord as it binds the landlord.

; and

• (b) in subsection (6), after the word “payable” there is inserted “ , or in the case of payment by instalments as from the date when the unpaid balance of such sum is payable, ”.

• (3) After section 21 of the 1993 Act, there is inserted—

(21A) (1) The Land Court may, on the application of any relevant person and on being satisfied that the conditions specified in subsection (2) below are met, make an order that land resumed by virtue of section 20(1) of this Act shall revert to being a croft (or to being part of a croft). (2) The conditions are— (a) no debt is for the time being secured by way of a standard security over, or over any real right in, the land or any part of it; (b) except in the case of a temporary resumption, not less than 5 nor more than 20 years have elapsed since the resumption of the croft was authorised; (c) the purpose for which the landlord desired to resume the croft has not been carried out; (d) no planning permission relating to a change of the use of the land subsists; (e) the land remains suitable for use by crofters for cultivation; and (f) the land is owned by the person who was authorised to resume the croft. (3) For the purposes of subsection (2)(e) above, “cultivate” has the same meaning as in Schedule 2 to this Act. (4) Where land reverts by virtue of subsection (1) above, the Land Court may make such order (if any) as it thinks fit as to the repayment, in whole or in part, of any sum awarded as compensation under section 20(1), or any share in value paid by virtue of section 21(1), of this Act. (5) Where land which reverts by virtue of subsection (1) above or under section 20(1B) of this Act comprises a common grazing, the Land Court may make such order as it thinks fit as to shares in the common grazing. (6) “Relevant person”in subsection (1) above means the Commission, the landlord, the person who surrendered the land or, where the land comprises a common grazing, the owner or the grazings committee.

.

Decrofting

23

In the 1993 Act—

• (a) in section 24 (decrofting in case of resumption or vacancy of croft)—

• (i) in subsection (2), after the words “do so” there are inserted the following paragraphs—

(a) forthwith or on the refusal of an application made under paragraph (b) below; or (b) at the end of such further period as the Land Court, on the application of the Commission, may allow,

; and

• (ii) after that subsection there is inserted—

(2A) Where a further period is allowed by virtue of subsection (2)(b) above, the Commission shall be liable to the landlord for an amount equal to the rent which would have been payable for the croft in respect of that period.

; and

• (b) in section 25 (provisions supplementary to section 24(3))—

• (i) in subsection (1)(a), after the word “interest” there is inserted “ or to the interests of the crofting community in the locality of the croft ”;

• (ii) in subsection (1), after paragraph (b) there is added

or (c) the application is made in respect of a croft the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act

;

• (iii) in subsection (2), for the words “(1)(b)” there is substituted “ (1)(b) or (c) ”;

• (iv) in subsection (3), after the word “conditions” there is inserted “ (which may include provision as to timescales) ”;

• (v) after subsection (3) there is inserted—

(3A) Conditions imposed by virtue of subsection (3) above may include a condition that the use be initiated by a time specified in the condition. (3B) The Commission may from time to time modify any conditions so imposed. (3C) No such further direction as is mentioned in subsection (3) above shall be made if— (a) more than 20 years have elapsed since the direction under section 24(3) of this Act; (b) the land, or any part of it, has, since the direction under that section, been conveyed to a person other than the former crofter or a member of the former crofter's family; or (c) a debt is for the time being secured by way of a standard security over, or over any real right in, the land or any part of it.

;

• (vi) after subsection (4) there is inserted—

(4A) Written notice of an application under subsection (4) above made in respect of a part of a croft consisting only of the site of the dwelling-house on or pertaining to the croft shall be given to the landlord by the applicant; and the Commission— (a) shall not give a direction by virtue of that subsection on an application so made unless they are satisfied (in addition to what is required by subsection (1)(b) above) that; and (b) may include in any such direction conditions for the purpose of ensuring that, implementation of the proposal would not prevent or impede access to another part of the croft or to other croft land.

; and

• (vii) for subsections (7) and (8) there is substituted—

(7) The Commission shall give both— (a) notice in writing to the applicant; and (b) public notification, of their direction on an application made to them under the said section 24(3) or subsection (4) above, specifying the nature of and the reasons for the direction and, as the case may be, for any conditions imposed in the direction. (7A) The Commission shall— (a) give written notification to the owner of land— (i) to which a further direction under subsection (3) above relates of the making of that direction; and (ii) of the modification, under subsection (3B) above, of a condition which relates to that land; and (b) give public notification of those matters. (8) As regards— (a) a direction (including a condition in a direction) by the Commission on an application— (i) under section 24(3) of this Act, the applicant or any member of the crofting community in the locality of the land; (ii) under subsection (4) above, the applicant or the owner of the land, may within 42 days after the giving of public notification of the making of the direction; (b) a modification under subsection (3B) above, of a condition which relates to land, the owner, or any tenant of the land or any member of the crofting community in the locality of the land, may within 42 days after the giving of public notification of the modification; or (c) a further direction under subsection (3) above, the owner, or any tenant, of the land, may within 42 days after the making of that direction, appeal by way of stated case, on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court. (8A) For the purposes of this section, the references in section 52A(3) to a “direction” are to be construed as including references to a modification. (8B) In an appeal under subsection (8) above the Court may— (a) confirm or revoke the direction or modification; (b) direct the Commission to make a different direction or modification; or (c) remit the case to the Commission without so directing them.

.

Re-letting

24

In section 23 of the 1993 Act (vacant crofts)—

• (a) for subsection (3) there is substituted—

(3) The landlord of a croft shall not, without the approval of the Commission, let the croft or any part of it to any person; and any letting of the croft otherwise than with such approval shall be null and void. (3A) In the case of an application made by virtue of subsection (3) above, the following special conditions apply for the purposes of section 58A(6)(b)(ii) of this Act— (a) that the proposed tenant lives, or intends to live, more than 16 kilometres distant from the croft; (b) that he already owns or is tenant of a croft; (c) that he lacks the knowledge, abilities and experience to cultivate the croft or as the case may be to put it to such other purposeful use as he intends; (d) that he is the grazings clerk, a member of the grazings committee, the owner of the common grazing or a member of the landlord's family; (e) where the landlord is not a natural person, that the proposed tenant is a member or employee, or is a member of the family of a member or employee, of the body which constitutes the landlord; and (f) that there are reasonable grounds for concern over the use to which the proposed tenant intends to put the croft.

;

• (b) in subsection (5)—

• (i) at the beginning there is inserted “ Subject to subsection (5A) below, ”; and

• (ii) for the words from “the Commission refuse” to the end of the proviso there is substituted

the Commission's approval of them is not obtained, the Commission must proceed in accordance with subsections (5B) and (5C) below. (5A) Where the croft is declared vacant in pursuance of section 11(8) of this Act, if, within a period of four months from the giving of notice under that section, the proposals required by that notice to be submitted are not submitted or the Commission's approval of them is not obtained, the Commission must proceed in accordance with subsections (5B) and (5C) below. (5B) The Commission shall, by public notification, invite applications for tenancy of the croft within such period as shall be specified in the notification. (5C) When that period has elapsed, the Commission shall determine— (a) to which of the applicants (if any) to let the croft; and (b) in consultation with the landlord, on what terms and conditions.

.

Compensation for improvements for purposes other than cultivation or grazing etc.

25

In section 30 of the 1993 Act (compensation to crofter for improvements), after subsection (6) there is inserted—

(6A) Subject to subsection (6B) below, in this Act “improvement” does not include anything erected or carried out wholly for— (a) putting a croft to such other purposeful use as is mentioned in paragraph 3(b) of Schedule 2 to this Act; or (b) using part of a common grazing for a purpose other than is mentioned in paragraph (a) or (b) of section 50B(1) of this Act. (6B) Subsection (6A) above does not apply if— (a) in any written consent given under section 5(7)(a) of this Act as respects the use in question, the landlord agrees that the subsection should not apply; or (b) before the Commission approve under section 50B(11) of this Act implementation of the proposal for the use in question, the owner gives written intimation to the proposer that, as respects that use, he so agrees.

.

Part 4 — Common grazings

Use of common grazing

26

• (1) In section 50 of the 1993 Act (use of common grazings for forestry purposes)—

• (a) in subsection (1)—

• (i) for the word “interested” there is substituted “ who holds a right ”; and

• (ii) in paragraph (b), for the word “landlord” there is substituted “ owner ”;

• (b) in subsection (2)—

• (i) for the words “A landlord's” there is substituted “ An owner's ”;

• (ii) after paragraph (b) there is inserted—

(bb) may be given subject to conditions provided that those conditions are reasonable;

;

• (iii) in paragraph (c), for the word “landlord” there is substituted “ owner ”; and

• (iv) in paragraph (e), for the word “landlord's” there is substituted “ owner's ”;

• (c) after subsection (2) there is inserted—

(2A) An owner may refuse consent on (and only on) the grounds that implementation of the proposal would— (a) adversely affect the exercise of any rights which he has under or by virtue of Schedule 2 to this Act; (b) prevent an intended resumption by virtue of section 20(1) of this Act; (c) be detrimental to the sound management of the estate which comprises the land; (d) cause hardship to a crofter who shares in the common grazing; (e) cause the owner undue hardship; or (f) lessen significantly the amenity of (either or both)— (i) the land; (ii) its surrounding area; and without prejudice to subsection (2B) below any refusal shall be in writing and shall specify the grounds of refusal. (2B) If, within six weeks after application under subsection (1)(b) above, there has neither been written consent nor written refusal, the owner shall be deemed to have refused the application. (2C) If, on an application— (a) under sub-paragraph (i) of section 53(1)(e) in relation to a consent applied for under subsection (1)(b) above but refused, the Land Court is not satisfied that any of the grounds mentioned in subsection (2A) above has been made out, it may determine that the consent is to be deemed given, or (b) under sub-paragraph (ii) of that section in relation to a consent so applied for but granted subject to a condition, the Land Court is not satisfied that the condition is reasonable, it may determine that the consent is to be deemed given— (i) free of the condition; or (ii) subject instead to a condition specified in the determination.

;

• (d) in subsection (3), for the words “A landlord's” there is substituted “ An owner's ”;

• (e) after subsection (3) there is inserted—

(3A) The Commission shall, on receipt of any application under subsection (1)(a) above, consult as regards the proposal the owner, the crofters who share in the common grazing and such other persons as appear to the Commission to have an interest. (3B) The reference in subsection (1) above to using as woodlands is to having the right to exclusive economic and recreational use, including (without prejudice to that generality)— (a) felling, removing, selling and replacing the trees in question; (b) collecting trimmings, fallen timber, foliage, sap, flowers, fruit, seeds or nuts for use or sale; (c) grazing animals in the woodlands; and (d) selling timber, timber products and other forestry products, except that this subsection is without prejudice to any person's access rights (within the meaning of Part 1 of the Land Reform (Scotland) Act 2003 (asp 2)). (3C) Where the owner's consent is, under subsection (2)(bb) above, subject to a condition that land be fenced, or otherwise enclosed, any expenditure incurred in complying with that condition (including expenditure incurred in that connection in maintenance, repair or renewal) shall be met— (a) in a case where the applicant is the grazings committee, by that committee, and (b) in any other case, jointly and severally by the crofters sharing in the common grazing.

;

• (f) for subsection (4) there is substituted—

(4) In this section, “owner's consent” means the consent of the owner referred to in subsection (1)(b) above (or a deemed such consent);

; and

• (g) at the end there is added—

(5) This section is without prejudice to section 50A of this Act and is subject to the terms of any agreement under that section.

.

• (2) After section 50 of the 1993 Act, there is inserted—

(50A) (1) A crofter who holds a right in a common grazing, or a grazings committee, may, with the agreement of the Commission, enter into a written agreement with the owner of the common grazing that they shall engage in a joint forestry venture to use woodlands as part of the common grazing concerned; and subject to subsection (4) below that agreement shall bind the parties to it and their successors. (2) Subject to the terms of any agreement under subsection (1) above, where there are, on part of a common grazing which is to be used as woodlands by virtue of section 50 of this Act, trees other than such as are mentioned in paragraph 11(d) of Schedule 2 to this Act, the owner and the grazings committee may agree— (a) that those trees are to be sold to the committee at current value; or (b) that the owner is to be entitled to a share of the timber obtained from such use, being a share which is proportionate having regard to the numbers, respectively, of those trees and of the trees planted (or obtained from planned natural regeneration of the trees planted) in the course of such use. (3) Where an agreement is entered into under subsection (1) or (2) above, a copy of that agreement shall be lodged with the Commission. (4) The persons who for the time being are bound by the agreement in question may by written agreement lodged with the Commission under this subsection amend the agreement lodged under subsection (3) above (or as the case may be that agreement as last amended under this subsection). (5) Any person who is for the time being bound by an agreement under subsection (2) above may appeal to the Land Court against a valuation carried out by virtue of paragraph (a), or the assessment of a share entitlement carried out by virtue of paragraph (b), of that subsection. (6) In an appeal under subsection (5) above, the Land Court may reassess the value or entitlement in question. (7) The valuer whose valuation is appealed against may be a witness in the appeal proceedings. (8) In subsection (2)(b) above “planned natural regeneration” means regeneration which takes place in accordance with— (a) an agreement entered into under or by virtue of this Act or of any other enactment; or (b) the conditions of— (i) any grant for purposes which include such regeneration and which is paid out of the Scottish Consolidated Fund; or (ii) such other grant of a public nature as may be prescribed. (50B) (1) A crofter who holds a right in a common grazing may propose to the grazings committee (or, if there is no grazings committee, to the grazings constable) that a part of the common grazing be used other than for— (a) grazings or a purpose mentioned in section 52(9) of this Act; or (b) woodlands. (2) The use proposed must not be such as would be detrimental to— (a) the use being made, as at the time of application, of the other parts of the common grazing; or (b) the interests of the owner. (3) On receipt of a proposal made under subsection (1) above the grazings committee (or as the case may be the grazings constable) shall, for the purpose of there being a discussion and vote on the proposal, summon a meeting of the crofters who share in the common grazing. (4) Regulations under section 49(2)(g) of this Act shall, in relation to any meeting so summoned, provide that— (a) the time, place and purpose of the meeting (including the proposal in question) should be— (i) set out in a notice sent by registered post to each of those crofters and to the owner; and (ii) intimated by public notification, at least 28 days before the meeting; and (b) the grazings committee (or grazings constable) shall, in sending such notice to the owner— (i) invite him to give his views as to the proposal; and (ii) afford him the opportunity to discuss it, at such reasonable time before the meeting as is convenient to him, with a member of the committee (or with the grazings constable); (c) at the meeting any views so given (or disclosed in discussion) shall be made known to the crofters attending; (d) subject to subsection (5) below, the vote on the proposal shall be by simple majority of the votes cast by the crofters attending (a crofter being entitled to a single vote for each share in the common grazing which he holds); (e) the result of the vote shall be declared at the meeting; and (f) the owner shall be advised by the grazings committee (or grazings constable), by written notice given within two weeks after the meeting takes place, of its outcome (that is to say, of whether the proposal has been accepted or rejected, of the number of crofters present, of the numbers of votes, including votes by proxy or by post, respectively for and against and of the number of crofters attending but abstaining) and, if the vote is in favour of the proposal, of what subsection (6) of this section requires to be done. (5) A crofter who is unable to attend the meeting so summoned but who has notified the grazings committee (or grazings constable) of that circumstance may vote by proxy or by post (provided that any vote posted shall be valid only if received by the committee before the meeting). (6) If the vote is in favour of the proposal the committee (or grazings constable) shall, in such manner as the Commission may require, apply to the Commission seeking their approval for its implementation. (7) On receipt of an application under subsection (6) above the Commission shall— (a) consult, as regards the proposal, the owner and any other person who appears to the Commission to have an interest; and (b) give public notification— (i) that the proposal has been made; (ii) that they are considering whether to approve it; and (iii) inviting written comments within such period as shall be specified in the notification. (8) Within 28 days after public notification is given under subsection (7)(b) above— (a) the owner; (b) any crofter who shares in the grazing; or (c) any member of the crofting community in the locality of the grazing, may submit to the Commission an objection as regards the application, being an objection of the description given in section 58A(16) of this Act. (9) The 28 days mentioned in subsection (8) above include the day on which the notification in question is given. (10) If the Commission think fit, they may hear evidence as regards the proposal. (11) The period specified under subsection (7)(b)(iii) above and the period of 28 days mentioned in subsection (8) above both having expired, the Commission may approve or reject the implementation of the proposal and if they give their approval they may, if they think fit, impose conditions as respects that implementation; and they may, if requested by the grazings committee or the owner to review that implementation, decide to carry out such a review, and may by virtue of that decision (if they think fit)— (a) either or both— (i) vary or withdraw any such conditions, (ii) impose further conditions, or (b) revoke the approval. (12) Where the Commission give approval they are, if— (a) the owner so requests; and (b) they are satisfied that the circumstances are as mentioned in subsection (13) below, to impose under subsection (11) above a condition that the land is to be enclosed by means of a deer-proof barrier (as defined by section 45(1) of the Deer (Scotland) Act 1996 (c. 58)). (13) The circumstances are that— (a) implementation of the proposal is likely to result in the land to which the proposal relates becoming more attractive to deer; and (b) there are sufficient reasons for imposing the condition, being reasons relating to— (i) deer management; or (ii) the protection or enhancement of the environment. (14) Within two weeks after coming to a decision as respects implementation of the proposal, the Commission shall advise— (a) the proposer; (b) the grazings committee (or grazings constable); (c) the owner; and (d) every person who submitted written comments by virtue of subsection (7) or an objection under subsection (8), or gave evidence by virtue of subsection (10), above, as to the decision and as to any conditions imposed under subsection (11) above. (15) Where the decision is to approve implementation but subsequently the Commission vary or withdraw conditions, impose further conditions or revoke the approval they shall, within two weeks after doing so, advise the persons mentioned in paragraphs (a) to (d) of subsection (14) above accordingly.

.

New common grazing

27

After section 51 of the 1993 Act, there is inserted—

(51A) (1) The Commission shall have power, on the application of the owner of any eligible land, to constitute the land as a common grazing by entering it as such, in accordance with section 41 of this Act, in the Register of Crofts; but no such entry shall be made until the period mentioned in section 52A(2) of this Act has elapsed without any appeal to the Land Court being made or until any such appeal timeously made is decided or abandoned. (2) The Commission shall, on receipt of any such application, give public notification of it; and such notification shall specify a period within which comments as regards the application, being comments of the description given in subsection (10) below, may be made. (3) After the period mentioned in subsection (2) above has elapsed the Commission— (a) shall determine whether to exercise their power under subsection (1) above; and (b) shall give public notification of that determination. (4) In so determining the Commission shall have regard to— (a) such written comments, if any, as are duly made by virtue of subsection (2) above; (b) the public interest and the interests of the crofting community in the locality of the land; and (c) whether social or economic benefits might be expected as a consequence of constituting the land as a common grazing. (5) Land is eligible land for the purposes of subsection (1) above only if it is— (a) neither tenanted nor occupied by a cottar; (b) situated in the crofting counties but not constituted as a croft; and (c) not adjacent or contiguous to a croft. (6) The owner and the persons who are to share in the common grazing shall agree in writing what the use of the common grazing is to be; and subject to subsection (8) below that agreement shall bind – (a) the owner and those persons; and (b) the successors of the owner and of those persons; and a copy of the agreement shall be lodged with the Commission. (7) The use mentioned in subsection (6) above may be for (any or all)— (a) grazings; (b) a purpose mentioned in section 52(9) of this Act; (c) woodlands; (d) a purpose other than is mentioned in paragraphs (a) to (c) above, and in the agreement different provision may be made for different parts of the common grazing. (8) The persons who for the time being are the owner and the persons sharing in the common grazing may by written agreement lodged with the Commission under this subsection amend the agreement lodged under subsection (6) above (or as the case may be that agreement as last amended under this subsection). (9) Section 6 of this Act applies in relation to land constituted as a common grazing under this section as it applies in relation to a croft. (10) The description is that the comments are made in writing or in another form which, by reason of its having some permanency, is capable of being used for subsequent reference (as, for example, a recording made on audio or video tape). (11) For the purposes of subsection (10) above (and without prejudice to the generality of that subsection), comments are to be treated as made in writing where they are— (a) transmitted by electronic means; (b) received in legible form; and (c) capable of being used for subsequent reference.

.

Contravention of, or failure to comply with, common grazings regulations

28

In section 52 of the 1993 Act (miscellaneous provisions as to common grazings etc.), for subsection (1) there is substituted—

(1) Where it is averred by the grazings committee or the owner that a person has contravened, or failed to comply with, any common grazings regulations for the time being in force under section 49 of this Act, the committee or as the case may be the owner may apply to the Commission for a determination in the matter. (1A) On receipt of an application made under subsection (1) above the Commission— (a) shall serve notice on the person of the averment; and (b) shall send a copy of that notice to the grazings committee and to the owner. (1B) The person, the committee and the owner shall all be afforded the opportunity to make representations as regards the averment and if the Commission think fit the Commission may hear evidence in the matter. (1C) If the Commission determine that the averred contravention or failure has occurred they may require the person— (a) to conform with the regulation in question, and (b) to make good, within such reasonable period as they shall specify, any damage which has directly resulted from the occurrence. (1D) Where— (a) a requirement imposed under subsection (1C) above is not complied with (and subsection (1E) below does not apply), the Commission— (i) may determine that all or part of the person's share in the common grazing is suspended for such period as they shall specify; and (ii) if the non-compliance consists in a failure to make good damage within the period specified under subsection (1C)(b) above, may require it be made good within such further period as they may specify, (b) all requirements imposed under subsection (1C)(a) above and any requirement imposed under sub-paragraph (ii) of paragraph (a) above (whether or not as that sub-paragraph applies by virtue of subsection (1E)(a) below) are complied with, the Commission may end a suspension imposed under sub-paragraph (i) of that paragraph. (1E) Where, while all or part of the person's share in the common grazing is suspended by virtue of subsection (1D)(a)(i) above, a requirement imposed under subsection (1C)(a) above is not complied with as regards so much of the share as is not suspended, or as the case may be a requirement imposed under subsection (1D)(a)(ii) above is not complied with, the Commission— (a) may (but on one occasion only) extend either or both periods mentioned in subsection (1D)(a) above; or (b) may— (i) determine that all or part of the person's share is terminated; and (ii) apportion the share or part to other persons sharing in the common grazing. (1F) Reference in this section to a share in the common grazing includes reference to any rights and privileges pertaining to that share.

.

Further amendment of section 52: apportionment

29

• (1) Section 52 of the 1993 Act is amended as follows.

• (2) In subsection (4), for the words “interested, after consultation with the grazings committee, apportion a part of a” there is substituted “ who holds a right in a common grazing, and after consultation with the grazings committee, apportion a part of the ”.

• (3) At the end there is added—

(10) Without prejudice to the generality of subsections (3), (4) and (8) above, the Commission may under any of those subsections (either or both)— (a) apportion a part for a period; (b) determine that an apportionment shall be subject to review at fixed intervals, which they shall specify. (11) The Commission may extend any such period as is mentioned in subsection (10)(a) above on the application of the township which, or as the case may be the crofter who, has exclusive use. (12) Without prejudice to subsection (10)(b) above, the Commission may, on the application of that township or crofter or of the grazings committee or owner— (a) review an apportionment made in pursuance of subsection (3) or (4) above; (b) (whether or not on such review)— (i) vary or revoke any condition imposed under subsection (6) above; (ii) impose a new condition under that subsection; (iii) bring an apportionment made as mentioned in paragraph (a) above to an end. (13) Where— (a) a period of apportionment fixed under subsection (10)(a) above (or so fixed and extended under subsection (11) above) comes to an end; or (b) it is determined on review under subsection (10)(b) above, or is determined under subsection (12)(b)(iii) above, that an apportionment is to come to an end, the land in question reverts to being a common grazing. (14) Where land reverts under subsection (13) above, the Commission may, having regard to the rights held in the common grazing immediately before the apportionment in question, make such determination as they consider equitable as to shares in the common grazing. (15) Subsections (10) to (14) above do not apply as respects land constituted as common grazing under section 51A of this Act.

.

Part 5 — Schemes for development

Schemes for development

30

• (1) After section 19 of the 1993 Act, there is inserted—

(19A) (1) The landlord (or owner), or any person acting with the consent of the landlord (or owner)— (a) may by application to the Land Court seek its consent to— (i) croft land or common grazing; or (ii) land near to croft land or common grazing if rights and liabilities in relation to the croft land or common grazing would be affected, being developed in accordance with a scheme appended to the application; or (b) may intimate to that Court that every person who has rights in or over croft land or a common grazing consents to its being developed in accordance with a scheme appended to the intimation, and the applicant shall send a copy of the application or as the case may be of the intimation (and, in either case, of the appended scheme) to the Commission. (2) Consent under paragraph (a) of subsection (1) above is not to be given unless the Court is satisfied— (a) that the development is for a reasonable purpose; (b) that to carry it out would not be unfair; (c) that the scheme provides for there to be fair recompense to each member of the crofting community in the area affected by the development for the effects of the development (including, in relation to the croft land of each such member, recompense at least equivalent to the recompense which the member might be expected to have obtained had that croft land been resumed); and (d) that, were the development carried out— (i) that community would be likely to benefit financially; and (ii) such benefit would be at least commensurate with any financial benefit which the members of that community might obtain on the development proceeding other than by virtue of this section. (3) For the purposes of subsection (2) above— (a) the definition of “reasonable purpose” in subsection (3) of section 20 of this Act applies as it does for the purposes of subsection (1) of that section; (b) it is unfair to carry out a development only where to do so would have significant adverse consequences for one or more of the members of the crofting community in the area affected by the development and either those consequences would be disproportionately greater than the adverse consequences for the other members of that community or there would be no adverse consequences for those other members; (c) whether recompense is fair is to be determined having regard both to the value of the development and to its effect on the member in question; and (d) an effect for which there is to be fair recompense may be an effect of any kind whatsoever (and in particular need not be an effect on a croft qua croft). (4) An application under paragraph (a) of subsection (1) above or intimation under paragraph (b) of that subsection shall— (a) be made in such form; and (b) be accompanied by such fee, as the Court shall specify; and the Court may make different provision for different categories of case. (5) Provision made under subsection (4)(a) above shall include provision as to the form and content of the appended scheme. (6) A person making an application under paragraph (a) of subsection (1) above or giving intimation under paragraph (b) of that subsection shall forthwith give public notification of the application or intimation. (7) Within 28 days after the public notification is given (including the day on which given)— (a) the Commission; or (b) any other interested party, may submit to the Court written objections, on one or more of the grounds mentioned in subsection (8) below, as respects the application or intimation; and the Court shall hear the objectors (if any) before determining whether to give consent under this section or as the case may be before determining whether to proceed under subsection (10) below as respects the intimation. (8) The grounds are— (a) that the development is not for a reasonable purpose (the definition of “reasonable purpose” in subsection (3) of section 20 of this Act applying for the purposes of this paragraph as it applies for the purposes of subsection (1) of that section); (b) that to carry out the development would be unfair to the crofting community; (c) in the case of a submission under paragraph (a) of subsection (7) above, that the scheme does not provide for there to be fair recompense to each member of the crofting community; (d) in the case of a submission under paragraph (b) of subsection (7) above— (i) that to carry out the development would be unfair to the objector; (ii) that the scheme does not provide for there to be fair recompense to the objector; (e) that, were the development to be carried out, the crofting community would be unlikely to benefit financially; (f) that, were the development to be carried out, any financial benefit to the crofting community would not be as mentioned in sub-paragraph (ii) of subsection (2)(d) above. (9) The Court shall, whether or not there is a hearing under subsection (7) above, give reasons for any such determination. (10) On— (a) giving consent under this section; or (b) determining to proceed under this subsection as respects an intimation, the Court shall advise the Commission that it has done so and provide them with a copy of the scheme in accordance with which the development is to take place; and the Commission shall enter that copy in the Register of Crofts. (11) When so entered the scheme shall, in so far as its terms so provide, be binding on— (a) the landlord (or owner); (b) any member of the crofting community in the area affected by the development; (c) any person who, though not described in paragraph (b) above, is— (i) a tenant of a croft; or (ii) a holder of grazing rights, in that area; and (d) the successors to the persons mentioned in paragraphs (a) to (c) above.

.

• (2) In section 49 of the 1993 Act (common grazings regulations), after subsection (8) there is added—

(9) Nothing contained in a scheme a copy of which has been entered, under section 19A of this Act, in the Register of Crofts is, for the purposes of subsection (8) above, an agreement.

.

Part 6 — Crofting community right to buy

Crofting community right to buy

31

• (1) The Land Reform (Scotland) Act 2003 (asp 2) is amended as follows.

• (2) After section 69 there is inserted—

(69A) (1) This section applies where a tenancy which is neither— (a) a croft tenancy; nor (b) the tenancy of a dwelling-house, has been created over land at least part of which is eligible croft land (the land over which the tenancy has been created being in this section referred to as the “tenanted land”). (2) Where this section applies, a crofting community body may apply, under section 73 below, to buy the interest mentioned in subsection (3) below— (a) where— (i) it is simultaneously applying; or (ii) it has made an application in respect of which Ministers have not made a decision, to buy eligible croft land any part of which is part of the tenanted land (any such eligible croft land being in this section referred to as the “principal subjects”); or (b) if the conditions set out in subsection (4) below are met, during the relevant period. (3) The interest is the interest of the tenant over so much of the tenanted land as is comprised within the principal subjects. (4) The conditions are that the crofting community body— (a) has provided confirmation under section 85(1) below of its intention to proceed to buy the principal subjects; or (b) has bought and retained those subjects in accordance with the provisions of this Part of this Act. (5) In subsection (2) above, “relevant period” means the period beginning with the date on which Ministers consented to the application under section 73 to buy the principal subjects and ending— (a) where the crofting community body does not proceed to exercise its right to buy those subjects, on the date on which it withdraws, under section 85(2) below, its confirmation so to proceed; or (b) where the crofting community body has bought and retained those subjects, five years after the date on which the crofting community body bought those subjects.

.

• (3) After section 88 there is inserted—

(88A) (1) Where an application made by virtue of subsection (2) of section 69A above does not relate to the entire tenanted land (“tenanted land” being construed in accordance with subsection (1) of that section), any resultant question as to the allocation, as between the tenant and the crofting community body, of rents payable or receivable, or as to the allocation as between them of rights and obligations generally, is to be determined by the valuer when, in pursuance of an appointment under section 88(1) above, he assesses the value of the interest of the tenant. (2) Any determination under subsection (1) above is to be such as the valuer considers equitable in all the circumstances.

.

• (4) After section 97 there is inserted—

(97A) In this Part, “tenant”, in any case where the reference is not to a tenant of a croft, includes sub-tenant (analogous expressions being construed accordingly).

.

Part 7 — General and miscellaneous

General

Regulations concerning loans

32

After section 46 of the 1993 Act, there is inserted—

(46A) (1) The Scottish Ministers may in accordance with regulations made by them under subsection (2) below provide loans to— (a) crofters; (b) cottars; (c) owners of holdings to which section 46(2) of this Act applies. (2) Regulations under this subsection may make provision as to— (a) who is to be eligible for a loan; (b) the amount which may be lent; (c) the circumstances under which, and the purposes for which, a loan may be provided; (d) the terms and conditions applicable to any loan; (e) arrangements for recording documents in connection with a loan in the Register of Crofts, the Land Register of Scotland or the Register of Sasines; (f) arrangements for recovery of any loan (whether or not in its entirety) when the borrower dies; (g) arrangements for assignation of the borrower's liabilities in consequence of the borrower dying or no longer occupying the holding in respect of which the loan was provided.

.

Appeal to Land Court and jurisdiction of that court

33

• (1) Before section 53 of the 1993 Act there is inserted—

(52A) (1) An appeal shall lie to the Land Court, on one or more of the grounds mentioned in subsection (3) below, against— (a) any decision, determination or direction of; or (b) the imposition of a condition by, the Commission on an application made to them under this Act. (2) The appeal— (a) is to be made by way of stated case, at the instance of the applicant or of any person with an interest in the application; and (b) must be brought within 42 days after the Commission dispose of the application. (3) The grounds are that the Commission, in reaching their decision or as the case may be in determining as they did, in making their direction or in imposing the condition in question— (a) erred on a point of law; (b) made a finding as to a fact material to the decision, determination, direction or imposition but did not have sufficient evidence on which to base that finding; (c) acted contrary to natural justice, (d) took into account certain irrelevant or immaterial considerations; (e) failed to take into account certain relevant or material considerations; (f) exercised their discretion in an unreasonable manner. (4) In an appeal under subsection (1) above the Court may— (a) confirm the decision, determination, direction or imposition; (b) direct the Commission to come to a different decision, make a different determination or direction or impose a different (or no) condition; or (c) remit the case to the Commission without so directing them. (5) Subsections (1) to (4) above also apply, but with such modifications as are necessary, to— (a) a granting or withholding of approval under section 23(3); or (b) a variation, withdrawal, imposition or revocation under section 50B(11), of this Act. (6) Subsections (1), (2) and (4) above do not apply where an appeal lies under section 10(4B), 25(8) or 38A of this Act. (7) In subsections (1) to (4) above, “decision” does not include a decision under section 58A of this Act as to whether or not to intervene and “determination” does not include any determination by the Commission that an objection under subsection (4) of that section is frivolous, vexatious or unreasonable.

.

• (2) In section 53 of the 1993 Act (jurisdictional provisions)—

• (a) in subsection (1), after paragraph (d) there is added—

(e) the question— (i) whether any of the grounds mentioned in subsection (2A) of section 50 of this Act as grounds for refusing consent applied for under subsection (1) of that section is made out; or (ii) whether conditions subject to which any such consent is given are reasonable

;

• (b) in the proviso to subsection (1), for paragraph (ii) (and the word “or” immediately preceding that paragraph) there is substituted—

(ii) (other than on a reference made to it by the Commission) any question arising by virtue of an application to the Commission under this Act; or (iii) any other question (other than a question of law), if it is a question decided by the Scottish Ministers or the Commission in the discharge of any of their respective functions under this Act.

; and

• (c) in subsection (2), for the words “this Act” there is substituted “ subsection (1) above ”.

• (3) In Schedule 1 to the 1993 Act (provisions as to the Crofters Commission), at the end there is added—

(14) The Commission may do anything which appears to them to be necessary or expedient for the preparation of a stated case in an appeal to the Land Court under this Act; and without prejudice to that generality may make rules prescribing procedures to be complied with, and by whom, in such preparation. (15) The Commission may be a party to any such appeal or in any proceedings on a question coming before that Court on an application under section 53(1) of this Act.

.

Further amendments in relation to the Land Court

34

• (1) Schedule 1 to the Scottish Land Court Act 1993 (c. 45) (incorporation etc. of the Scottish Land Court) is amended as follows.

• (2) In paragraph 5 (quorum), for the words “three members of the Land Court shall be a quorum” there is substituted

a quorum of the Land Court shall be— (a) three of its members if none of the three is the Chairman; or (b) the Chairman and one other of its members

.

• (3) In paragraph 6 (delegation)—

• (a) in sub-paragraph (2), for the words from “shall” to the end there is substituted “ , other than a delegation to one member where that member is the Chairman, shall be subject to review upon appeal by three or more members, or nominated former members, of the Land Court sitting together; and one of the members so sitting shall be the Chairman. ”; and

• (b) sub-paragraph (3) is repealed.

• (4) After paragraph 6 there is inserted—

(6A) On any question being determined by the Land Court, whether or not by virtue of paragraph 6 of this Schedule, the Chairman shall have a casting vote.

.

• (5) After paragraph 7 there is inserted—

(7A) The reference in paragraph 6(2) of this Schedule to nominated former members is to such members as have vacated office, whether or not under paragraph 2 of this Schedule, and in relation to the particular review have been nominated under this paragraph by the principal clerk.

.

• (6) In paragraph 10, in sub-paragraph (1)—

• (a) the existing words from “shall” to the end become head (a) of the sub-paragraph; and

• (b) after that head there is added

; and (b) may, when not acting in accordance with a direction under head (a) above or under sub-paragraph (2) below, act in place of a member of the Court other than the Chairman.

.

• (7) In paragraph 12—

• (a) after the word “may” there is inserted “ , by order made by statutory instrument ”, and

• (b) in paragraph (a), for the words “they think” there is substituted “ it thinks ”.

• (8) In paragraph 18 (payments to persons appointed etc.), for the words “or employed under paragraph 7” there is substituted “ , employed or as the case may be nominated under paragraph 7, 7A ”.

Public notification

35

After section 55 of the 1993 Act, there is inserted—

(55A) (1) For the purposes of this Act, public notification shall be given by publishing or causing to be published a notice in appropriate form in one or more newspapers circulating in the district in which the croft or, as the case may be, common grazing to which the application relates (or in the case of public notification under section 50B(4)(a)(ii) the regulations relate) is situated. (2) A notice is in appropriate form if— (a) its form and content comply, or do so as far as is reasonably practicable, with the form and content specified by the Commission for an application of that type (or as the case may be for regulations under section 49(2)(g) of this Act); and (b) it specifies— (i) the purpose of the application to which it relates (or in the case of regulations the matters which are required to be set out in it by virtue of section 50B(4)(a)(i) of this Act); (ii) a description of the croft land or, as the case may be, common grazing to which the application relates (or regulations relate); and (iii) in the case of an application, the period during which, and manner in which, objections may be made. (3) Where, in accordance with the provisions of this Act, a person giving public notification is also required to serve notice on a landlord, tenant or occupier of croft land to which the application relates or, if applicable, on the owner of, or a crofter sharing in, the common grazing, such notice shall be in the form required by subsection (2) above.

.

“Members of a family”

36

In section 61 of the 1993 Act (interpretation)—

• (a) in subsection (2), for the words from “the wife” to the end, there is substituted

the individual in question's— (a) spouse or civil partner (or cohabitant provided that the individual has no spouse or civil partner and that the cohabitation has included cohabitation for at least two years in a dwelling-house on or pertaining to the croft); (b) sibling; (c) sibling's spouse or civil partner; (d) spouse's or civil partner's sibling; (e) father; (f) mother; (g) son; (h) daughter; (i) son's or daughter's spouse or civil partner; (j) grandchild; (k) grandchild's spouse or civil partner; (l) aunt; (m) uncle; (n) nephew; or (o) niece.

; and

• (b) after that subsection there is added—

(3) In subsection (2)(a) above, and in the definition of “son” or “daughter” in subsection (4) below, the reference to an individual's cohabitant is to a person, whether or not of the same sex as the individual, who lives with the individual as if— (a) in a married relationship; or (b) in civil partnership. (4) In subsection (2) above— - “sibling” includes a sibling by virtue only of adoption, marriage or civil partnership and a sibling of the half blood; - “son”, “daughter” or “grandchild” includes a person so related by virtue only of adoption, marriage or civil partnership; and - “son” or “daughter” includes a son, or as the case may be a daughter, of the individual's cohabitant provided that such son or daughter resides with the individual and that such residence has included residence for at least two years in a dwelling-house on or pertaining to the croft.

.

“Crofting community”

37

In section 61(1) of the 1993 Act (interpretation), at the appropriate place there is inserted—

“crofting community” means all the persons who (either or both)— (a) occupy crofts within a township which consists of two or more crofts registered with the Crofters Commission; (b) hold shares in a common grazing associated with that township;

.

“The 1993 Act”

38

In this Act “the 1993 Act” means the Crofters (Scotland) Act 1993 (c. 44).

Miscellaneous

Minor and consequential amendments

39

Schedule 1 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, has effect.

Savings

40

• (1) Nothing in this Act affects an application made, a loan provided, or proceedings commenced, before this section comes into force.

• (2) Nothing in this Act affects any provision of the 1993 Act amended or repealed by this Act in that provision's operation in relation to an offence committed before the amendment is made or, as the case may be, the provision is repealed.

Transitional provision etc.

41

• (1) The Scottish Ministers may, by order made by statutory instrument, make such incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, or in consequence of, this Act.

• (2) Subject to subsection (4), a statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (3) An order under subsection (1) may make different provision for different cases or for different classes of case.

• (4) An order under subsection (1), if it includes provision amending or repealing an enactment contained in an Act, is not made unless a draft of the statutory instrument containing the order has been—

• (a) laid before; and

• (b) approved by a resolution of,

the Scottish Parliament.

Repeals

42

The enactments mentioned in schedule 2 to this Act are repealed to the extent mentioned in the second column of that schedule.

Short title, Crown application and commencement

43

• (1) This Act may be cited as the Crofting Reform etc. Act 2007.

• (2) This Act binds the Crown.

• (3) The provisions of this Act, except this section and sections 38, 40 and 41, come into force on such day as the Scottish Ministers may by order made by statutory instrument appoint.

• (4) Different days may be so appointed for different provisions and for different purposes.

SCHEDULE 1

Crofters Holdings (Scotland) Act 1886 (c. 29)

1

In section 1(4) of the Crofters Holdings (Scotland) Act 1886 (crofter not to be removed except for breach of statutory conditions), for the words “subdivide his holding or sublet the same” there is substituted “ sublet his holding ”.

Crofters (Scotland) Act 1993 (c. 44)

2

• (1) The 1993 Act is amended in accordance with this paragraph.

• (2) In section 1(4) (constitution and general functions of the Crofters Commission), for the word “chairman” there is substituted “ convener ”.

• (3) In section 4 (enlargement where owner and crofter are in agreement), after subsection (2) there is inserted—

(2A) The crofter shall pay to the landlord such rent as they shall agree for the croft as enlarged under subsection (1) above (section 6 of, and paragraph 1 of Schedule 2 to, this Act being construed accordingly).

.

• (4) In section 6 (rent)—

• (a) in subsection (3)—

• (i) after the words “landlord for the croft” there is inserted “ or for any part of the croft ”;

• (ii) in paragraph (a) of the proviso, after the word “croft” there is inserted “ or for any part of the croft ”; and

• (iii) in paragraph (b) of the proviso, after the word “rent” there is inserted “ for it or for any part of it ”;

• (b) after subsection (3) there is inserted—

(3A) The proviso to subsection (3) above does not have the consequence that a determination which is not to take effect during any period mentioned in that proviso cannot competently be made under that subsection during that period.

; and

• (c) in subsection (4), after the words “a croft” there is inserted “ or for any part of a croft ”.

• (5) In section 13 (authorisation by Land Court of acquisition of croft land), at the end there is added—

(6) The Land Court, in making an order under subsection (1)(a) above, may determine that any of the expenses of the conveyance of the land and other expenses necessarily incurred by the landlord in relation to that conveyance shall be borne by the crofter. (7) Failing agreement between the landlord and the crofter as to the amount of such expenses, the auditor of the Land Court may, on the application of either of them— (a) determine that amount; and (b) determine that the expenses of taxing those expenses are to be borne by them in such proportion as the auditor thinks fit.

.

• (6) In section 24(1) (decrofting in case of resumption of croft), at the end there is added “ “and to sections 3A and 21A of this Act ”.

• (7) In section 25(6) (decrofting: supplementary provision), after the words “pertaining to the croft” there is inserted “ or only of land the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act ”.

• (8) In section 26 (provisions as to removal of crofter)—

• (a) in subsection (1), for the words “for the removal of the crofter” there is substituted

— (i) terminating the tenancy; (ii) declaring the croft to be vacant; and (iii) for the removal of the tenant from the croft

; and

• (b) in subsection (3), after the words “his croft” there is inserted “ (whether by virtue of this section or by virtue of section 5A or 5B of this Act) ”.

• (9) In section 41 (Register of Crofts)—

• (a) in subsection (1), for the words from “a” to “Crofts”)” there is substituted “ the register known as the Register of Crofts ”; and

• (b) after subsection (2), there is inserted—

(2A) Subsection (2) above applies in relation to land constituted as a common grazing under section 51A of this Act, the owner of that land and the persons sharing in the common grazing as it applies in relation to a croft and its landlord and tenant; and an entry made by virtue of this subsection must contain the information that the common grazing is so constituted.

.

• (10) In section 42 (financial assistance to crofters)—

• (a) in subsection (1)—

• (i) for the words “aiding and developing agricultural production on” there is substituted “ supporting any reasonable use which promotes the sustainable development of ”; and

• (ii) the words “and with the approval of the Treasury” and “and loans” are repealed;

• (b) after that subsection there is inserted—

(1A) Such schemes shall specify criteria for determining who shall be eligible for grants payable under those schemes (as for example, the occupier's income, or the rental or agricultural value or extent of his croft); and different schemes may specify different criteria.

;

• (c) in subsection (2)—

• (i) in paragraph (a), the words “and loans” are repealed;

• (ii) in paragraph (b), for the words “Secretary of State” there is substituted “ Scottish Ministers, or the Commission on behalf of the Ministers, ” and the words “or loan” are repealed; and

• (iii) in paragraph (c), the words “or loan” are repealed in both places where they occur;

• (d) in subsection (4)—

• (i) at the beginning there is inserted “ “Without prejudice to subsection (1) above, ”; and

• (ii) the words “with the approval of the Treasury” and “or loans or by the supply for payment in cash of building or other materials” are repealed;

• (e) subsection (5) is repealed;

• (f) in subsection (6)—

• (i) in paragraph (b), for the words “Secretary of State” there is substituted “ Scottish Ministers, or the Commission on behalf of the Ministers, ”;

• (ii) in paragraph (c), for the words “Secretary of State” there is substituted “ Scottish Ministers, or to the Commission on behalf of the Ministers, ”; and

• (iii) in paragraph (d), the words “to the Secretary of State” are repealed;

• (g) in subsection (8), for the words from “assistance by” to “supplies” there is substituted “ grant under subsection (1) above, nor assistance under subsection (4) above, shall be given towards carrying out any works ”;

• (h) in subsection (9), after the word “receiving” there is inserted “ a grant under subsection (1) above nor ”;

• (i) after that subsection, there is inserted—

(9A) Any scheme under subsection (1) above or arrangements under subsection (4) above may provide that a person's economic status is a criterion for eligibility for grants payable under that scheme or those arrangements.

; and

• (j) in subsection (10)—

• (i) the words “or loan” are repealed; and

• (ii) after the words “or under”, there is inserted “ arrangements made under ”.

• (11) In section 44 (cottars), for the words from “loan” to “materials” there is substituted “ grant ”.