Legalize
Legalize / United Kingdom / Public General Act

Crofters (Scotland) Act 1993

Type Public General Act
Publication 1993-11-05
Last updated 2013-07-31
State In force
Department Statute Law Database
Source legislation.gov.uk
articles Not indexed
Reform history JSON API

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

1

Act (except s.28) wholly in force at 05.01.1994 see s.64(2) and s.28(17)

2

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

6

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

7

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

24

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

25

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

35

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.)

40

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)

47

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

60

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.

69

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.

79

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.

80

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.

82

Words in s. 38(4) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 20(2)(d)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

83

Words in s. 38(4) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 20(2)(d)(ii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

84

S. 1(3) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 1, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

88

Words in s. 48(1)(a) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(15)(a)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

95

Ss. 3A-3C inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 6, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

96

Ss. 5A, 5B inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 8, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

97

Sch. 2 para. 6A inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 7(2)(e), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

98

Sch. 2 para. 11A inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 7(2)(h), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

100

S. 50(2A)-(2C) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(c), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

102

Words in s. 50(1) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(a)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

103

Word in s. 50(1)(b) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(a)(ii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

104

Words in s. 50(2) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(b)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

106

Word in s. 50(2)(c) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(b)(iii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

107

Word in s. 50(2)(e) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(b)(iv), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

108

Words in s. 50(3) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 26(1)(d), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

110

S. 25(3A)-(3C) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(v), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

112

S. 25(7)-(8B) substituted for s. 25(7) (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(vii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

113

Words in s. 25(1)(a) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

114

S. 25(1)(c) and word added (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(ii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

115

Words in s. 25(2) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(iii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

116

Words in s. 25(3) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(iv), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.