Crofters (Scotland) Act 1993

• (1) Without prejudice to any jurisdiction exercisable by it under any enactment, the Land Court shall have power to determine, either on the application of any person having an interest or on a reference made to it by the Commission, any question of fact or law arising under this Act including, without prejudice to the said generality—

• (a) the question whether any holding is a croft;

• (b) the question who is the tenant of any croft;

• (c) any question as to the boundaries of a croft or of any pasture or grazing land a right in which forms part of a croft;

• (d) the question whether any land is or forms part of a common pasture or grazing to which this Act applies:

• (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

• (i) any question of a kind reserved by this Act to a court other than the Land Court;

• (ia) any question that may be raised under section 14(1) of the 2010 Act (including a question that could have been raised under that section had an application been made before the end of the period mentioned in section 12(5) of that Act);

• (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.

• (2) The Land Court shall cause intimation to be made to the Commission of its determination on any question coming before it under subsection (1) above .

• (3) The Court may, if it considers it appropriate in consequence of any determination under subsection (1), order the Keeper to rectify the Crofting Register.

Crofters Holdings Book

54

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Miscellaneous and General Provisions

Service of notices

55

• (1) Any notice for the purposes of this Act shall be in writing, and any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him or left at his proper address or sent to him by post.

• (1A) A notice or other document is sent by post under this section if—

• (a) in the case of an individual, it is sent by registered post or the recorded delivery service, addressed to that person at that person's usual or last known address or, where the person has given an address for service, at the address so given;

• (b) in any other case, by sending it by registered post or the recorded delivery service, addressed to that person at the person's registered or principal office.

• (2) Where any notice or other document is to be given to or served on a person as being the person having any interest in land and it is not practicable after reasonable inquiry to ascertain his name or address, the notice or document may be given or served by addressing it to him by the description of the person having that interest in the land (naming it) and delivering the notice or document to some responsible person on the land or by affixing it, or a copy of it, to some conspicuous object on the land.

Provisions as to entry and inspection

56

• (1) Any person authorised by the Secretary of State or the Commission in that behalf shall have power at all reasonable times to enter on and inspect any land for the purpose of determining whether, and if so in what manner, any of the powers conferred on the Secretary of State or the Commission by this Act or, in the case of the Commission, by the 2010 Act are to be exercised in relation to the land, or whether, and if so in what manner, any direction given under any such power has been complied with.

• (2) Any person authorised as aforesaid who proposes to exercise any power of entry or inspection conferred by this Act shall if so required produce some duly authenticated document showing his authority to exercise the power.

• (3) Admission to any land shall not be demanded as of right in the exercise of any such power as aforesaid unless in the case of land being used for residential purposes 7 days, or in the case of any other land 24 hours, notice of the intended entry has been given to the occupier of the land.

• (4) Any person who obstructs any person authorised by the Secretary of State or the Commission exercising any such power as aforesaid shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 1 on the standard scale.

Provisions as to compulsory purchase of land and as to management of land

57

• (1) Where by virtue of any provision of this Act the Secretary of State is deemed to be authorised to purchase land compulsorily, then in relation to any such compulsory purchase the Lands Clauses Acts and other enactments mentioned in Part I of Schedule 2 to the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947, shall be incorporated in accordance with the provisions of the said Part I as if the Secretary of State had been authorised under section 1 of that Act to purchase the land compulsorily; and the Land Compensation (Scotland) Act 1963 shall have effect in relation to any such compulsory purchase subject to the provisions of Part II of that Schedule, of the proviso to section 23(9) of this Act and of subsection (2) below.

• (2) The power conferred by section39 of the Land Compensation (Scotland) Act 1963 to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of section 23(9) or 39(9) or (10) of this Act.

• (3) The Secretary of State may manage, farm, sell, let or otherwise deal with or dispose of land acquired by him under this Act in such manner as appears to him expedient for the purpose for which it was acquired.

Provisions as to representations

58

• (1) Any enactment in this Act providing, in relation to the taking of any action by the Secretary of State, for his taking the action after affording to a person an opportunity of making representations to the Secretary of State shall be construed as a provision that the Secretary of State shall comply with the following requirements.

• (2) The Secretary of State shall give notice to the said person specifying the matter under consideration and informing him of the effect of subsection (3) below.

• (3) A person to whom notice is given as aforesaid may within the time specified in the notice make representations to the Secretary of State in writing, and, whether or not representations are made to the Secretary of State in writing, may within the time so specified require that an opportunity be afforded to him of being heard by a person appointed by the Secretary of State for the purpose; and, if he so requires, such an opportunity shall be afforded to him and, on the same occasion, to any other person to whom under the enactment referred to in subsection (1) above the Secretary of State is required to afford such an opportunity, and the Secretary of State shall not take action in relation to the matter until he has considered any representations made as aforesaid.

• (4) Where any enactment in this Act provides in relation to the taking of any action by the Commission for their taking the action after affording to a person an opportunity of making representations to them, the provisions of this section shall have effect in relation thereto with the substitution for references to the Secretary of State of references to the Commission.

Financial provisions

59

• (1) The expenses of the Commission shall be defrayed by the Secretary of State.

• (2) All expenses incurred by the Secretary of State under the provisions of this Act shall be defrayed out of moneys provided by Parliament.

• (3) All sums received by the Secretary of State under the provisions of this Act shall be paid into the Consolidated Fund.

Regulations

60

• (1) Any power conferred by this Act on the Scottish Ministers to make regulations or orders is exercisable by statutory instrument.

• (2) Subject to subsection (3), a statutory instrument containing such regulations or such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (3) No statutory instrument containing—

• (a) an order under—

• (i) section 2A(1);

• (ii) section 5B(6);

• (iii) section 19C(8);

• (iv) paragraph 3(6) of schedule 1;

• (b) regulations under paragraph 7(1) of schedule 1,

may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.

Interpretation

61

• (1) In this Act, unless the context otherwise requires—

• “the 1955 Act” means the Crofters (Scotland) Act 1955;

• “the 1964 Act” means the Succession (Scotland) Act 1964;

• “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;

• “the 2010 Act” means the Crofting Reform (Scotland) Act 2010 (asp 14);

• “authority possessing compulsory purchase powers” has the same meaning as in the 1972 Act;

• “the Commission” means the Crofting Commission;

• “cottar” has the meaning assigned by section 12(5) of this Act;

• “croft” —in relation to a croft other than one registered in the Crofting Register, has the meaning given by section 3;in relation to a croft registered in that register, has the meaning given by section 3ZA(2)(a);

• “crofter” —in relation to a croft other than one registered in the Crofting Register, has the meaning given by section 3;in relation to a croft registered in that register, has the meaning given by section 3ZA(2)(c);

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

• “crofting counties” means the former counties of Argyll, Caithness, Inverness, Orkney, Ross and Cromarty, Sutherland and Zetland;

• “croft land” has the meaning assigned to it by section 12(3) of this Act;

• “cultivate” has the meaning given by section 5C(8);

• “date of registration” (other than in section 3) is to be construed in accordance with section 8(5) of the 2010 Act;

• “development” has the same meaning as in section 26 of the 1997 Act, except that it includes the operations and uses of land referred to in paragraphs (a) and (e) of subsection (2) of that section;

• “enactment” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;

• “first registered croft” means a croft mentioned in section 5(2) of the 2010 Act;

• “first registration” , in relation to an unregistered croft or unregistered owner-occupied croft, means the registration of the croft or owner-occupied croft in the Crofting Register;

• “fixed equipment” has the like meaning as in the Agricultural Holdings (Scotland) Act 1991;

• “functions” includes powers and duties;

• “Keeper” means the Keeper of the Registers of Scotland;

• “Land Court” means the Scottish Land Court;

• “landlord” means—in relation to a croft other than one registered in the Crofting Register , any person for the time being entitled to receive the rents and profits, or to take possession of, the croft; in the case of a croft registered in that register, the person for the time being entered in the registration schedule of the croft as the landlord of it; in relation to the site of the dwelling-house on or pertaining to the subject of a cottar—where the cottar is the tenant of the subject, any person for the time being entitled to receive the rents and profits, or to take possession of the site, andwhere the cottar is the occupier of the subject who pays no rent, the owner thereof;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);

• “National Trust for Scotland” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935;

• “owner-occupied croft” and “owner-occupier's croft” have the meanings given by section 19B(5);

• “owner-occupier crofter” is to be construed in accordance with section 19B(1) to (4);

• “permanent improvement” shall be construed in accordance with section 30(7) of this Act;

• “prescribed” means prescibed by regulations made by the Secretary of State;

• “predecessors in the tenancy” means in relation to a crofter the persons who before him have been tenants of the croft since it was last vacant;

• “public notification” has the meaning given by section 55A of this Act;

• “purposeful use” has the meaning given by section 5C(8);

• “registered” , in relation to a croft, an owner-occupied croft or a common grazing, means registered in the Crofting Register; and “unregistered” and other cognate expressions are to be construed accordingly;

• “registration schedule” means the registration schedule of the croft made up and maintained under section 11(1) of the 2010 Act;

• “statutory successor” means any person who under this Act has succeeded or may succeed to a croft whether as a person to whom the tenancy of the croft has been transferred in pursuance of section 16(2) of the 1964 Act or as the executor, heir-at-law, legatee or assignee of his immediate predecessor being a crofter in occupation of the croft;

• “the site of the dwelling-house” has the meaning assigned to it by section 12(4) of this Act;

• “Whitsunday” and “Martinmas” mean respectively 28th May and 28th November.

• “woodlands” includes woodlands created by planned natural regeneration (as defined by section 50A(8) of this Act)

• (2) Any reference in this Act to a member of a person’s or crofter’s or former crofter’s or deceased crofter’s family is a reference to 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.

• (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.

Application of Act to Crown

62

This Act shall apply to land an interest in which belongs to Her Majesty in right of the Crown and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, but in its application to any land an interest in which belongs or is held as aforesaid this Act shall have effect subject to such modifications as may be prescribed.

Transitional provisions and savings, and repeals

63

• (1) The transitional provisions and savings contained in Schedule 6 to this Act shall have effect.

• (2) The enactments—

• (a) specified in Part I of Schedule 7 to this Act so far as they apply in the crofting counties;

• (b) specified in Part II of that Schedule,

are hereby repealed to the extent specified in column 3 of that Schedule.

Short title, commencement and extent

64

• (1) This Act may be cited as the Crofters (Scotland) Act 1993.

• (2) Subject to section 28(17) of this Act, this Act shall come into operation on the expiration of 2 months commencing with the date on which it is passed.

• (3) This Act extends to Scotland only.

SCHEDULE 1

Constitution of the Commission

1

• (1) The Commission are a body corporate.

• (2) The Commission are not to be regarded as a servant of the Crown, nor are they to be regarded as having any status, privilege or immunity of the Crown.

• (3) The Commission's members and employees are not to be regarded as civil servants.

• (4) The Commission's property is not to be regarded as property of, or held on behalf of, the Crown.

2

• (1) The Commission may do anything which they consider is necessary or expedient for the purpose of exercising or in connection with their functions.

• (2) In particular, the Commission may—

• (a) co-operate with any person in the exercise of the Commission's functions;

• (b) with the approval of the Scottish Ministers, acquire and dispose of land and other property;

• (c) enter into contracts;

• (d) charge, in respect of such of their functions as may be prescribed by the Scottish Ministers, such reasonable amounts as may be so prescribed.

3

• (1) Subject to sub-paragraph (2), the Commission are to consist of no fewer than five and no more than nine members as follows—

• (a) no fewer than two persons appointed by the Scottish Ministers (“appointed members”); and

• (b) no more than six persons elected by virtue of paragraph 7 (“elected members”).

• (2) The majority of members are to be elected members unless, by virtue of the appointment of a person by the Scottish Ministers under paragraph 6(3) or 9(3), such a majority cannot be maintained.

• (3) The Scottish Ministers must select a member to chair the Commission (the “convener”).

• (4) The Scottish Ministers may delegate to the Commission the duty to select a member to chair the Commission.

• (5) A delegation under sub-paragraph (4) may be varied or revoked at any time.

• (6) The Scottish Ministers may, by order, modify sub-paragraph (1) above to alter—

• (a) the number of members;

• (b) the number of appointed members;

• (c) the number of elected members,

but such an order may not contain provision to the effect that the majority of members would not be elected members.

4

• (1) In appointing members of the Commission, the Scottish Ministers must—

• (a) ensure—

• (i) that each person appointed has knowledge of crofting;

• (ii) where sub-paragraph (2) applies, that at least one person appointed can speak the Gaelic language; and

• (iii) where sub-paragraph (3) applies, that at least one person appointed appears to Ministers to represent the interests of landlords of crofts; and

• (b) be satisfied that no person appointed has any financial or other interest that would be likely to affect prejudicially the exercise by that person of the functions of a member.

• (2) This sub-paragraph applies where none of the elected members can speak the Gaelic language.

• (3) This sub-paragraph applies where the Scottish Ministers consider that none of the elected members represents the interests of landlords of crofts.

• (4) The fact that a person is—

• (a) a crofter;

• (b) a landlord of a croft;

• (c) an owner-occupier of a croft;

• (d) a cottar; or

• (e) a member of the family of any such person,

does not of itself constitute an interest mentioned in sub-paragraph (1)(b).

• (5) No person may be appointed as a member of the Commission if that person is, or has at any time during the previous year been, a member of—

• (a) the House of Commons;

• (b) the Scottish Parliament;

• (c) the European Parliament.

5

Subject to this schedule, an appointed member holds and vacates office on such terms and conditions as the Scottish Ministers determine.

Meetings and Proceedings of the Commission

6

• (1) A person may resign office as a member of the Commission at any time by notice in writing to the Scottish Ministers.

• (2) A person who ceases to be a member of the Commission (other than by virtue of being removed under paragraph 9) is eligible to be a member of the Commission again (whether by re-appointment or otherwise)

• (3) Where—

• (a) an elected member resigns office under sub-paragraph (1) or otherwise ceases to be a member of the Commission (other than by virtue of being removed under paragraph 9); and

• (b) is not replaced by a person such as is mentioned in sub-paragraph (4) (whether because of the person's refusal to accept office as a member or otherwise),

the Scottish Ministers may appoint (in addition to any person appointed under paragraph 3) a person to be a member of the Commission.

• (4) The person referred to in sub-paragraph (3)(b) is a person who—

• (a) was a candidate in the election by virtue of which the elected member mentioned in sub-paragraph (3)(a) held office as a member;

• (b) polled, in that election, fewer votes than the elected member so mentioned; and

• (c) by virtue of regulations made under paragraph 7, may hold office as a member of the Commission.

7

• (1) The Scottish Ministers may, by regulations, make provision for or in connection with the election of persons as members of the Commission.

• (2) Without prejudice to the generality of sub-paragraph (1), the regulations may, in particular, make provision relating to—

• (a) the voting system to be used for such elections;

• (b) the frequency and timing of such elections;

• (c) the conduct of such elections;

• (d) offences relating to such elections;

• (e) the constituencies (including boundaries) in which such elections may be held

• (f) persons who are eligible to vote in such elections (including by reference to the person's age);

• (g) the appointment of an individual to act as the returning officer for each constituency;

• (h) such an individual's—

• (i) functions;

• (ii) fees and expenses;

• (iii) tenure and vacation of office;

• (i) subject to sub-paragraph (5), persons who may, and may not, be candidates in elections such as are mentioned in sub-paragraph (1) (including by reference to the person's age);

• (j) the number of members of the Commission who may be returned from each constituency;

• (k) vacancies amongst elected members, including the circumstances in which a person who polled fewer votes in such an election than the person who polled most votes may hold office as a member of the Commission.

• (3) Regulations under sub-paragraph (1) may not make provision creating an offence such as is mentioned in sub-paragraph (2)(d) that is punishable—

• (a) on conviction on indictment, with imprisonment for a term exceeding 2 years;

• (b) on summary conviction, with—

• (i) imprisonment for a term exceeding 12 months; or

• (ii) a fine exceeding level 5 on the standard scale.

• (4) In the case of an offence which is triable either on indictment or summarily, the reference in sub-paragraph (3)(b)(ii) to a fine exceeding level 5 on the standard scale is to be construed as a reference to the statutory maximum.

• (5) In making provision such as is mentioned in sub-paragraph (2)(i), the regulations must provide that the persons who may be candidates in elections such as are mentioned in sub-paragraph (1) may include persons who

• (a) are aged 16 or over; and

• (b) have been nominated by a person eligible to vote in such elections.

• (6) Before making regulations under sub-paragraph (1), the Scottish Ministers must consult such persons or bodies as they think appropriate on—

• (a) the constituency boundaries to be used; and

• (b) the persons who are eligible to vote,

in elections such as are mentioned in sub-paragraph (1).

8

• (1) The Scottish Ministers must pay to the members of the Commission such remuneration and allowances as Ministers may determine.

• (2) The Scottish Ministers may—

• (a) pay (or make arrangements for the payment of);

• (b) make payments towards the provision of; or

• (c) provide and maintain schemes (whether contributory or not) for the payment of,

such pensions, allowances and gratuities to or in respect of such members and former members of the Commission as Ministers may determine.

• (3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities paid by way of compensation for loss of office.

9

• (1) The Scottish Ministers may remove a member of the Commission from office, by giving notice in writing to the member, if satisfied that the member—

• (a) is insolvent;

• (b) has been convicted of a criminal offence in relation to which the member has been sentenced to imprisonment for a period of 3 months or more;

• (c) is incapacitated by physical illness or mental disorder;

• (d) has been absent from meetings of the Commission for a period exceeding 6 months without the permission of the convener;

• (e) is otherwise unable or unfit to exercise the functions of a member or is unsuitable to continue as a member.

• (2) In sub-paragraph (1)(a), a member is insolvent when—

• (a) the member's estate is sequestrated;

• (b) the member is adjudged bankrupt;

• (c) a voluntary arrangement proposed by the member is approved;

• (d) the member enters into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor;

• (e) the member grants a trust deed for creditors.

• (3) Where—

• (a) an elected member is removed from office under sub-paragraph (1); and

• (b) is not replaced by a person such as is mentioned in sub-paragraph (4) (whether because of the person's refusal to accept office as a member or otherwise),

the Scottish Ministers may appoint (in addition to any person appointed under paragraph 3) a person to be a member of the Commission.

• (4) The person referred to in sub-paragraph (3)(b) is a person who—

• (a) was a candidate in the election by virtue of which the removed member held office as a member;

• (b) polled, in that election, fewer votes than the removed member; and

• (c) by virtue of regulations made under paragraph 7, may hold office as a member of the Commission.

10

• (1) The Scottish Ministers must, after consultation with the convener of the Commission, appoint a chief executive of the Commission on such terms and conditions as Ministers may determine.

• (2) The Scottish Ministers may provide the services of such staff to the Commission as the Commission consider appropriate.

• (3) The Commission may appoint such employees as the Commission consider appropriate.

• (4) The Scottish Ministers may give directions to the Commission as to the appointment of employees under sub-paragraph (3).

• (5) Such directions may in particular relate to

• (a) the number of appointments;

• (b) the terms and conditions of employment.

• (6) The Commission must comply with any directions given under sub-paragraph (4).

• (7) The Commission may, with the approval of the Scottish Ministers—

• (a) pay (or make arrangements for the payment of);

• (b) make payments towards the provision of; or

• (c) provide and maintain schemes (whether contributory or not) for the payment of,

such pensions, allowances and gratuities to or in respect of such of their employees, or former employees, as the Commission may determine.

• (8) The reference in sub-paragraph (7) to pensions, allowances and gratuities includes pensions, allowances and gratuities paid by way of compensation for loss of office.

11

• (1) The quorum of the Commission is five members.

• (2) Where there are three or more elected members, the quorum must include no fewer than three such members.

Office, Officers and Servants

12

• (1) The Commission must establish—

• (a) an audit committee; and

• (b) such other committees as they consider appropriate.

• (2) The audit committee and any other committee of the Commission must comply with any directions given to it by the Commission.

• (3) The Commission may appoint as members of any of their committees persons who are not members of the Commission.

• (4) But no committee established under sub-paragraph (1) may consist entirely of such persons.

• (5) The Commission must pay to a person appointed under sub-paragraph (3) such remuneration and allowances as the Scottish Ministers may determine.

13

• (1) The Commission may regulate—

• (a) their own procedure; and

• (b) the procedure of any of their committees (including any quorum).

• (2) The convener must, if present, chair meetings of the Commission and any of their committees.

• (3) If the convener is not available to chair a meeting of the Commission or a committee, the convener is to appoint another member of the Commission to chair the meeting.

• (4) The person chairing a meeting of the Commission or any committee has a casting vote.

• (5) The Commission must keep a record of their and their committees' meetings and decisions.

• (6) The validity of any proceedings of the Commission or of any of their committees is not affected by any vacancy in membership nor by any defect in the appointment of a member.

Instruments executed or issued by the Commission

14

• (1) A member of the Commission or any other person who is in any way directly or indirectly interested in any matter brought up for consideration at a meeting of the Commission or of any committee of the Commission must disclose the nature of that interest to the meeting.

• (2) Such a disclosure must be recorded in the minutes of the meeting.

• (3) A member or other person making such a disclosure must not take part in any deliberation or decision of the Commission or of any committee of the Commission with respect to the matter to which the disclosure relates.

15

• (1) The Commission may authorise—

• (a) any of their members;

• (b) any of their committees;

• (c) their chief executive;

• (d) any person whose services are provided to them by the Scottish Ministers;

• (e) any of their employees,

to exercise such of the Commission's functions (and to such extent) as they may determine.

• (2) Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of their functions.

SCHEDULE 2

1

The crofter shall pay his rent at the terms at which it is due and payable.

2

The crofter shall not, except in accordance with the provisions of this Act, execute any deed purporting to assign his tenancy.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The crofter shall provide such fixed equipment on his croft as may be necessary to enable him to cultivate the croft.

5

The crofter shall not, to the prejudice of the interest of the landlord, injure the croft—

• (a) by allowing the dilapidation of buildings;

• (b) where the croft is cultivated, by allowing, after relevant notice, the deterioration of the soil; or

• (c) where the croft is put to some other purposeful use, by actings prejudicial to that use being actings carried out after relevant notice.

6

The crofter shall not sublet his croft or any part thereof otherwise than with the consent in writing of the Commission and in accordance with such conditions (which shall not include conditions relating to rent) as the Commission in giving their consent may impose:

7

The crofter shall not, except in accordance with the provisions of this Act, divide his croft.

8

The crofter shall not, without the consent in writing of the landlord, erect or suffer to be erected on the croft any dwelling-house otherwise than in substitution for a dwelling-house which at the commencement of this Act was already on the croft:

9

The crofter shall not ... violate any written condition signed by him for the protection of the interest of the landlord or of neighbouring crofters which is legally applicable to the croft and which the Land Court shall find to be reasonable.

10

The crofter shall not do any act whereby he becomes apparently insolvent within the meaning of the Bankruptcy (Scotland) Act 1985.

11

The crofter shall permit the landlord or any person authorised by the landlord in that behalf to enter upon the croft for the purpose of exercising (subject always to the payment of such compensation as in case of dispute the Land Court may find to be reasonable in respect of any damage done or occasioned thereby) any of the following rights, and shall not obstruct the landlord or any person authorised as aforesaid in the exercise of any of such rights, that is to say—

• (a) mining or taking minerals, or digging or searching for minerals;

• (b) quarrying or taking stone, marble, gravel, sand, clay, slate or other workable mineral;

• (c) using for any estate purpose any springs of water rising on the croft and not required for the use thereof;

• (d) cutting or taking timber or peats, excepting timber and other trees planted by the crofter or any of his predecessors in the tenancy, or which may be necessary for ornament or shelter, and excepting also such peats as may be required for the use of the croft;

• (e) opening or making roads, fences, drains and water courses;

• (f) passing and re-passing to and from the shore of the sea or any loch with or without vehicles for the purpose of exercising any right of property or other right belonging to the landlord;

• (g) viewing or examining at reasonable times the state of the croft and all buildings or improvements thereon;

• (h) hunting, shooting, fishing or taking game or fish, wild birds or vermin;

but nothing in this paragraph shall be held to preclude the crofter from recovering any compensation for damage by game which is recoverable under section 52 of the Agricultural Holdings (Scotland) Act 1991 , or by virtue of section 53(3) of the Agricultural Holdings (Scotland) Act 2003 (asp 11) , by a tenant....

12

The crofter shall not on his croft, without the consent in writing of the landlord, open any house for the sale of intoxicating liquors.

13

In this Schedule—

• ...

• “game” means deer, hares, rabbits, pheasants, partridges, grouse, blackgame, capercailzie, ptarmigan, woodcock, snipe, wild duck, widgeon and teal.

• ...

SCHEDULE 3

1

Dwelling-house.

2

Improvement works carried out in compliance with a notice of a final resolution served under Part IV of the Housing (Scotland) Act 1987.

3

Farm offices.

4

Subsoil and other drains.

5

Walls and fences.

6

Deep trenching.

7

Clearing the ground.

8

Planting trees, other than under section 48(4) of this Act.

9

Making piers or landing stages.

10

Roads practicable for vehicles from the croft to the public road or the sea shore.

11

All other improvements which, in the judgment of the Land Court, will add to the value of the croft as an agricultural subject.

12

Buildings or other structures erected under section 5 of the Crofters (Scotland) Act 1961 or section 31 of this Act, being buildings or structures which are fixtures on the land, or works executed under the said section 5 or 31.

SCHEDULE 4

Part I

Procedure for confirming reorganisation schemes

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II

Validity of reorganisation schemes

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

1

The loan shall be secured by a heritable security over the land in favour of the Secretary of State.

2

The loan shall either be repaid by half-yearly instalments of principal with such interest and within such period (not exceeding such period as may be fixed by the Treasury) from the date of the loan, or at such date thereafter not exceeding 18 months as may be agreed on, or shall be repaid with such interest and within such period by a terminable annuity payable by half-yearly instalments.

3

The amount for the time being unpaid may at any time be discharged, and any such terminable annuity may at any time be redeemed in accordance with tables fixed by the Secretary of State.

4

A certificate by the Secretary of State that the whole of the loan has been repaid or that such terminable annuity has been redeemed shall, without any other instrument, operate as a discharge of the loan or extinction of the terminable annuity, as the case may be, and the recording of such certificate in the Register of Sasines or the registration of the certificate in the Land Register of Scotland shall be equivalent to the recording or the registration of a discharge of the said heritable security.

5

The Secretary of State shall cause to be prepared and duly recorded all documents necessary for securing the payment of any loan over land made by him, and shall include in the loan the cost so incurred, or to be incurred, in accordance with scales set forth in tables fixed by the Secretary of State.

SCHEDULE 6

1

In so far as anything done under an enactment repealed by this Act could have been done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if done under that provision.

2

Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.

3

Any reference in any enactment or document, whether express or implied, to an enactment repealed by this Act shall, unless the context otherwise requires, be construed as a reference to the corresponding enactment in this Act.

4

Nothing in this Act shall affect the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.

5

The repeal by this Act of section 22 of the 1955 Act shall not affect the operation of that section in so far as it relates to a person who is the owner and occupier of a holding mentioned in subsection (6) of that section.

6

Notwithstanding the repeal by this Act of section 3 of the Crofter Forestry (Scotland) Act 1991, the amendments made by that section to section 1 of the Forestry Act 1979 and to section 2 of the Farm Land and Rural Development Act 1988 shall continue to have the same effect as they had immediately before the commencement of this Act.

SCHEDULE 7

Part I — Enactments repealed so far as they apply in the crofting counties

Part II — Other enactments repealed

Constitution and general functions of Crofters Commission.

Ministers' power to modify functions of Commission

SCHEDULE

NOTE: The following abbreviations are used in this Table—

Editorial notes

[^c861285]: Act applied (6.7.1997) by 1997 c. 26, ss. 7(2), 8(3); S.I. 1997/1430, art. 1

[^c861286]: 1911 c. 49.

[^c861287]: 1961 c. 58.

[^c861288]: 1911 c. 49.

[^c861289]: Words in s. 14(4) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 55(1).

[^c861290]: Words in s. 15(2)(a)(iv) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 55(2).

[^c861291]: 1845 c. 19.

[^c861300]: 1947 c.42.

[^c861304]: 1987 c. 26.

[^c861310]: S.I. 1965/321.

[^c861312]: 1961 c. 58.

[^c861313]: 1991 c. 55.

[^c861314]: 1961 c. 58.

[^c861315]: 1911 c. 49.

[^c861316]: 1961 c. 58.

[^c861317]: 1911 c. 49.

[^c861318]: 1845 c. 19.

[^c861319]: 1880 c. 47.

[^c861320]: 1947 c. 42.

[^c861321]: 1963 c.51.

[^c861327]: 1955 c. 21.

[^c861328]: 1964 c. 41.

[^c861329]: Definition substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 55(3)(a).

[^c861330]: Words in s. 61(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 55(3)(b).

[^c861331]: 1991 c. 55.

[^c861332]: 1935 c. iii.

[^c861336]: 1985 c. 66.

[^c861337]: 1991 c. 55.

[^c861338]: 1987 c. 26.

[^c861339]: 1961 c. 58.

[^c861341]: 1991 c. 18.

[^c861342]: 1979 c. 21.

[^c861343]: 1988 c. 16.

[^key-e6d00c237ef63f063c508ac8a9136e80]: S. 29(1)(a)(b) substituted for words (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), sch. para. 49(a) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with sch.)

[^key-cbe5a58c354f0391976ca7a046c8485f]: Words in s. 30(5) inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), sch. para. 49(b)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with sch.)

[^key-340cd6dabbe216b677dbee9f1f3d6e83]: Words in s. 30(5) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), sch. para. 49(b)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with sch.)

[^key-031bec437915300c1846d9fec9a5fba7]: Words in Sch. 2 para. 11 inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), sch. para. 49(c)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with sch.)

[^key-3500e3d3c8f180a389f8435608835d52]: Words in Sch. 2 para. 11 repealed (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), sch. para. 49(c)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with sch.)

[^key-93777a2d0fe679ea184be0e07a160385]: Words in s. 16(6) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 129(2), sch. 14 para. 11 (with ss. 119, 121) (see S.S.I. 2003/456, art. 2)

[^key-1c242690482992057758313bbaf15b41]: Words in s. 16(3) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 55(2)(a), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^key-92575960f75f585d979a24d944e11a7a]: S. 16(7) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 55(2)(c), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^key-72c282780d05718f6456142ab5650103]: Words in s. 16(5) substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 55(2)(b) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^key-37fa17c7c58d050e2afd72493eb09b8f]: S. 19(4)(a) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 55(4)(a), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^key-c5d4f4816fe7d5a44c1d1b8b12be56c8]: Words in s. 19(4)(b)(c) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 55(4)(b), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^key-27864c4d4b4ff1e3aaf2e2bdccf77151]: Word in s. 17(3)(b) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 55(3), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^key-4fdf62d13d5ea7e1c75b3d5527e145c6]: It is provided that words in s. 17(3)(a) repealed (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 55(3), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^key-318a534c3f91705f776e19f2166f2c1a]: Word in s. 20(3)(a) substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), sch. 12 para. 55(5) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

[^key-5707c265df69971f096831ff13dd2c47]: S. 42(1A) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(b) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-73f86f1772dbb270676789040be01875]: S. 42(9A) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-79272e1750092be7f6efb2d52cbf470d]: Words in s. 42(1) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(a)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-7b3e6cac82c1bfa9dcce4ed710bae208]: Words in s. 42(1) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(a)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-b9f4039eb0c00e541a6a5471c18d8d08]: Words in s. 42(2)(a) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(c)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-12fd04766bb1db2a4b0decdedef44a51]: Words in s. 42(2)(b) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(c)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-60e007dfa4b395fe83295ba5c92cf4ef]: Words in s. 42(2)(b) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(c)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-aa1c44aaa6f8201a139c44acf1132a67]: Words in s. 42(2)(c) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(c)(iii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-76d399b77fbe8d9b7722ccef569bf237]: Words in s. 42(4) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(d)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-014ff5a3c1cc67d531daa76d67f866aa]: Words in s. 42(4) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(d)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-6c78a890654345149aebb8adf1a28fbc]: S. 42(5) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(e) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-f03a1370d2ca2eb1619765cb4a449571]: Words in s. 42(6)(b) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(f)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-a8a0e7d29bd05999e6720d36ae26f12e]: Words in s. 42(6)(c) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(f)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-e7e025cf264e5d5a9baa662a4a8815b7]: Words in s. 42(6)(d) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(f)(iii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-51585de60a93f8c4d96f49b34fb336ae]: Words in s. 42(8) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(g) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-2b064b11454896a8ccd9f138403a244e]: Words in s. 42(9) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(h) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-2cf823ecfddee5aa2c4058413b4d8394]: Words in s. 42(10) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(j)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-683103336a4540dc7604418fc56efb1e]: Words in s. 42(10) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(j)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-8493e71cead6bd163b307a673095d830]: S. 49(9) added (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 30(2), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-0e75dd12b342e1d1bc561d469720e2a0]: Word in s. 49(2)(a) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(a)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-4e74fe953519677bea8794a0d7251c53]: Words in s. 49(2)(a) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(a)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-07b4f0d67404b9a615c6a9da99ba174c]: Words in s. 49(2)(b) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(a)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-6d8cc1ce8099d951e78e183ffbd4ab50]: Words in s. 49(2)(c) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(a)(iii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-e91066c6ca465bffbfd1b668a10c02c0]: Word in s. 49(2)(d) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(a)(iv) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-1619588763acd91482c82428029e490e]: Word in s. 49(2)(e) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(a)(iv) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-dee5d7789048d059381613830f4413fc]: Word in s. 49(3)(a) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(b)(i) (with ss. 40, 43(2)); sch.S.S.I. 2007/269, art. 2,

[^key-9d5d3508d1df1550466d53af3364cc70]: Words in s. 49(3)(b) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(b)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-d332573dfb66a68ddf139b954db3cbf6]: Word in s. 49(7) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(c)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-e7d8e1b148e09e4d9cc4c509457a6d2a]: Word in s. 49(7) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(16)(c)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-a39a4c42550c8df5840d5192edf91489]: S. 38(1A) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 20(2)(b), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-2362c29f451d0e3a4fe28927a6ddfab9]: S. 38(5)-(11) substituted for s. 38(5)-(7) (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 20(2)(e), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-2a7999ff60f1cf6e88d2d89544f92194]: Word in s. 38(1) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 20(2)(a), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[^key-629e99120fa70484628ece58ea98091f]: S. 38(3) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 20(2)(c), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.