The Crofting Reform (Scotland) Act 2010 (Commencement No. 2, Transitory, Transitional and Saving Provisions) Order 2011

Made: 14th September 2011

Laid before the Scottish Parliament: 16th September 2011

Coming into force: 30th September 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by sections53(2) and 57(2) and (3) of the Crofting Reform (Scotland) Act 2010[^f00001].

Citation, commencement and interpretation

1

This Order may be cited as the Crofting Reform (Scotland) Act 2010 (Commencement No.2, Transitory, Transitional and Saving Provisions) Order 2011 and comes into force on 30thSeptember 2011.

2

In this Order—

• “the Act” means the Crofting Reform (Scotland) Act 2010; and

• “the 1993 Act” means the Crofters (Scotland) Act 1993[^f00002].

Days appointed

3

• (1) Subject to paragraph(2), the day appointed for the coming into force of the provisions of the Act specified in—

• (a) column 1 of Part1 of the Schedule to this Order (the subject matter of which is specified in column2 of that Part) is 1stOctober 2011; and

• (b) column 1 of Part2 of the Schedule to this Order (the subject matter of which is specified in column2 of that Part) is 1stApril 2012.

• (2) Where a purpose is specified in column3 of the Schedule, a provision specified in column 1 of Part 1 or 2 comes into force in accordance with paragraph (1) for that purpose only.

Transitory provision

4

• (1) Any reference to “the Commission” or the “Crofting Commission” in any provision of the Act commenced by this Order is to be read as a reference to the Crofters Commission.

• (2) This article has effect until 1st April 2012.

Transitional provisions

5

• (1) Despite the commencement of section 1(3) of, and schedule1 to, the Act paragraph 10 of Schedule 1 to the 1993 Act applies only to the appointment of a chief executive on the coming to an end of an appointment of any person who, at 1stOctober 2011, is chief executive.

• (2) The commencement of section 34 of the Act for the purpose of inserting section 19D(2) into the 1993 Act has no effect as regards a transfer of a part of an owner-occupied croft for which missives are concluded prior to 1stOctober 2011.

• (3) In relation to the commencement of sections34, 37, 39, 46, 47 and 49 of the Act, from 1stOctober 2011 the following events have effect from the date when the Commission enters the relevant information in the Register of Crofts in accordance with section 41 of the 1993 Act:—

• (a) the division of a croft consented to by the Commission under section19D(2) of the 1993 Act or carried out by the Commission under section 26G(1) of the 1993 Act;

• (b) the letting of a croft consented to by the Commission under section29A(1) of the 1993 Act;

• (c) the enlargement of a croft by a direction of the Commission under section4(4) of the 1993 Act or the enlargement of common grazings by a direction of the Commission under section51(3) of the 1993 Act; or

• (d) a legatee coming into the place of a deceased crofter following receipt by the Commission of a copy of a notice of a bequest under section10(2) of the 1993 Act.

• (4) In paragraph(3), “relevant information” means any information to be entered in the Register of Crofts as regards—

• (a) a direction to enlarge a croft under section4(4) of the 1993 Act;

• (b) receipt of a notice of bequest under section10(2) of the 1993 Act;

• (c) consent to the division of an owner-occupier’s croft under section19D(2) of the 1993 Act;

• (d) a division of a croft under section26G(1) of the 1993 Act;

• (e) consent to the letting of an owner-occupier’s croft under section29A(1) of the 1993 Act; and

• (f) a direction to enlarge common grazings under section51(3) of the 1993 Act.

Saving provisions

6

Despite the commencement of section 55 of, and paragraph 3(13) of schedule 4 to, the Act, that section and that paragraph have no effect as regards any investigations commenced, determinations made and orders made under section 22 of the 1993 Act (absentee crofters) prior to 1stOctober 2011.

7

Despite the commencement of section 1(3) of, and paragraph 3(3)(b) of schedule 4 to, the Act, that section and that paragraph have no effect as regards the appointment of assessors under section 2(2) of the 1993 Act (particular powers and duties of the Commission) prior to 1st October 2011.

8

Despite the repeal and replacement of Schedule 1 to the 1993 Act by the commencement of section 1(3) of the Act, Schedule 1 to the 1993 Act remains in effect until 1st April 2012 with the following modifications:—

• (a) omit paragraphs 1, 7, 8, 9, 12 and 13; and

• (b) paragraphs 2, 10, 14 and 15 are renumbered 2A, 10A, 14A and 15A respectively.

SCHEDULE

PART 1 — Provisions of the Act for which the day appointed for the coming into force is 1stOctober 2011

PART 2 — Provisions for which the day appointed for the coming into force is 1stApril 2012

Signed

STEWART STEVENSON — Authorised to sign by the Scottish Ministers — 14th September 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order appoints the days for the coming into force of various provisions of the Crofting Reform (Scotland) Act 2010 (“the Act”).

Article3(1)(a) of the Order and Part1 of the Schedule appoints 1st October 2011 for the coming into force of the following provisions of the Act (in some cases for a limited purpose):

• Section 1(3) for the purpose of inserting into the Crofters (Scotland) Act 1993 (“1993 Act”) the relevant paragraphs of Schedule 1 to the 1993 Act;

• Section 2(1);

• Section 2(2) for the purpose of inserting into the 1993 Act section 2A;

• Sections 33, 34, 35 and 37

• Section 39 of the Act, which relates to the letting of owner-occupied crofts, but only for the purpose of enabling the Scottish Ministers to make a scheme or regulations under section 42, 46 or 46A of the 1993 Act;

• Sections 42, 43, 44, 45, 46, 47, 48, 49 and 50(2);

• Section 55 which introduces schedule 4 which makes minor and consequential amendments and repeals but only for the purpose of bringing into force the relevant paragraphs of Schedule 4;

• Schedule 1 insofar as it relates to paragraphs 1, 2, 7, 10, 12 to 17 and 20 of the substituted Schedule 1 to the 1993 Act; and

• Paragraphs 2, 3(1), 3(3), 3(5)(b), 3(6), 3(7), 3(8)(a) and (b), 3(9)(b), 3(10)(a) and (c) to (e), 3(13), 3(14)(b), (c)(ii) to (iv), (f) to (i), 3(15)(a), 3(17), 3(18), 3(19), 3(20), 3(21), 3(22), 3(24), 3(25), 3(29), 3(30), 3(32)(b), (c) and (d), 3(34), 3(35), 3(36)(d), (h) and (j) and 3(37) of schedule4.

Article3(1)(b) of the Order and Part2 of the Schedule appoints 1st April 2012 for the coming into force of the following provisions of the Act (in some cases for a limited purpose):

• Section 1(1), (2) and (4);

• Section 1(3) for the purpose of bringing into force the remaining paragraphs of schedule1;

• Section 2(2) for the purpose of bringing into force sections 2B, 2C and 2D;

• Sections 36 and 38;

• Section 48;

• Section 55 which introduces Schedule 4 which makes minor and consequential amendments and repeals but only for the purpose of bringing into force the relevant paragraphs of schedule 4;

• Schedule 1 insofar as it relates to paragraphs 3, 4, 5, 6, 8, 9, 11, 18, 19 and 21 of the substituted Schedule 1 to the 1993 Act;

• Paragraphs 3(2), 3(36)(b) and 4 of schedule 4.

Article 4 of the Order makes a transitory provision so that any references to “the Commission” or the “Crofting Commission” in the provisions of the Act commenced by this Order are to be read as references to the Crofters Commission until the Crofters Commission is renamed the Crofting Commission by virtue of the commencement of section 1(1) of the Act (by this Order on 1st April 2012).

Article 5 makes transitional provisions to ensure that the appointment of the Chief Executive as at 1stOctober 2011 continues to have effect, to provide that divisions of owner-occupied crofts which have missives concluded prior to 1stOctober 2011 do not require consent from the Crofters Commission and to set an effective date for divisions, lettings, enlargements and bequests.

Articles 6 to 8 of the Order makes saving provisions with regard to investigations into absent crofters, to ensure that the appointments of the assessors as at 1stOctober 2011 continue to have effect and to save and renumber certain paragraphs of Schedule 1 to the 1993 Act.

Footnotes

[^f00001]: 2010 asp14.

[^f00002]: 1993 c.44, amended by the Crofting Reform etc. Act 2007 (asp 7) and the Crofting Reform (Scotland) Act 2010 (asp 14).