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Crofters (Scotland) Act 1993

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  1. Introductory Text

  2. The Crofters Commission

    1. 1. Constitution and general functions of Crofters Commission.

    2. 2. Particular powers and duties of the Commission.

    3. 2A.Ministers' power to modify functions of Commission

    4. 2B.Annual report

    5. 2C.Duty to produce plan

    6. 2D.Status of plan

  3. Meaning of croft and crofter

    1. 3. Meaning of croft and crofter.

    2. 3ZA.Registered crofts

    3. 3A.New crofts

    4. 3AA.Registration of new crofts

    5. 3B.Compensation for constituting holding outwith crofting counties as croft on application of tenant

    6. 3C.Appeal against assessment under section 3B

  4. Enlargement of crofts

    1. 4. Enlargement where owner and crofter are in agreement.

    2. 4. Enlargement of crofts

  5. Exchange of crofts

    1. 4A.Exchange of crofts or parts of crofts

  6. The conditions of tenure

    1. 5. The statutory conditions.

    2. 5A.Complaint as respects breach of the statutory conditions

  7. Crofters' duties relating to residency, use, misuse and neglect of crofts

    1. 5AA.Crofters: residency duty

    2. 5B.Termination of tenancy for misuse or neglect

    3. 5C.Crofters: duty to cultivate and maintain

    4. 6. Rent.

    5. 7. Renunciation of tenancy.

    6. 8. Assignation of croft.

    7. 9.Division of croft

  8. Succession to croft

    1. 10. Bequest of croft.

    2. 11. Intestacy.

  9. Rights of crofters and cottars to acquire their subjects

    1. 12. General provision.

    2. 13. Authorisation by Land Court of acquisition of croft land.

    3. 14. Consideration payable in respect of acquisition of croft land.

    4. 15. Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house.

    5. 16. Provisions relating to conveyance.

    6. 17. Provisions supplementary to sections 13 and 15.

    7. 18. Adjustment of rent for remainder of croft where part conveyed to crofter.

    8. 19. Provisions relating to existing loans and heritable securities.

    9. 19A.Schemes for development

  10. Owner-occupied crofts: duties of certain owners

    1. 19B.Meaning of “owner-occupier crofter” etc.

    2. 19C.Duties of owner-occupier crofters

    3. 19D.Division of owner-occupied crofts

  11. Provisions relating to termination of tenancy and de-crofting

    1. 20. Resumption of croft or part of croft by landlord.

    2. 21. Crofter’s right to share in value of land resumed by landlord.

    3. 21A.Reversion of resumed land

  12. Consent for absence from croft

    1. 21B.Commission consent for absence from croft

    2. 21C.Extension of consent for absence

    3. 21D.Variation of condition in consent for absence

    4. 22. Absentee crofters.

    5. 23. Vacant crofts.

    6. 24. Decrofting in case of resumption or vacancy of croft.

    7. 24A.Applications to decroft by owner-occupier crofters

    8. 24B.Commission's powers in relation to applications under section 24A

    9. 24C.Application of section 25 in relation to decrofting directions

    10. 24D.Effect of decrofting direction

    11. 25. Provisions supplementary to s.24(3).

    12. 26. Provisions as to removal of crofter.

  13. Investigation of suspected breach of duty

    1. 26A.Commission's duty to investigate suspected breach of duty

  14. Enforcement of duties

    1. 26B.Enforcement of duties of crofters and owner-occupier crofters: general

    2. 26C.Notice of suspected breach of duty

    3. 26D.Undertakings: general

    4. 26E.Circumstances where the Commission may not take action under section 26H or 26J

    5. 26F.Commission duty to take action under section 26H or 26J

    6. 26G.Division of croft before taking action

    7. 26H.Crofters: tenancy termination procedure

    8. 26J.Owner-occupier crofters: letting procedure

    9. 26K.Appeals

  15. Subletting of crofts

    1. 27. Provisions as to right to sublet.

    2. 28. Special provisions regarding subletting of crofts not adequately used.

    3. 29. Miscellaneous provisions regarding subleases of crofts.

  16. Letting of owner-occupied crofts

    1. 29A.Letting of owner-occupied crofts

    2. 29B.Status of tenant under a short lease

  17. Compensation for improvements and for deterioration or damage

    1. 30. Compensation to crofter for improvements.

    2. 31. Permanent improvements made on crofts for purposes of subsidiary or auxiliary occupations.

    3. 32. Assessment of compensation for improvements.

    4. 33. Record of improvements.

    5. 34. Compensation to landlord for deterioration or damage.

    6. 35. Assessment of compensation for improvements or deterioration on joint application to Land Court.

    7. 36. Compensation to cottar for improvements.

  18. Compulsory acquisition of croft

    1. 37. Crofter’s right to share in value of land taken possession of compulsorily.

  19. Reorganisation schemes

    1. 38. Reorganisation schemes.

    2. 38A.Appeal to Land Court: special provision as respects reorganisation schemes

    3. 39. Putting into effect of reorganisation schemes.

  20. Commission to obtain information and compile register of crofts

    1. 40. Obtaining of information by Commission.

    2. 40A.Annual notices

    3. 41. Register of Crofts.

  21. Financial assistance to crofters, cottars and certain owner- occupiers etc

    1. 42. Crofters.

    2. 43. Supplementary provisions as to loans under s.42.

    3. 44. Cottars

    4. 45. Former crofters and cottars who have acquired site of the dwelling-house.

    5. 46. Owner-occupiers of like economic status as crofters and other persons.

    6. 46A.Regulations concerning loans

  22. Common Grazings

    1. 47. Appointment, etc., of grazings committee or grazings constable.

    2. 48. Powers and duties of grazings committees.

    3. 49. Common grazings regulations.

    4. 49.AGrazings committees: duty to report

    5. 50. Use of common grazings for forestry purposes.

    6. 50A.Joint forestry ventures etc.

    7. 50B.Use of common grazing for other purposes

    8. 51. Enlargement of common grazings.

    9. 51A.New common grazing

    10. 51B.Registration of new common grazings

    11. 52. Miscellaneous provisions as to common grazings, as to lands held runrig, and as to use by crofters of peat bogs, etc.

  23. Provisions relating to Land Court

    1. 52A.Appeal to Land Court: general

    2. 53. Jurisdictional provisions.

    3. 53A.Extent of boundaries

    4. 53B.Access to croft

    5. 54. Crofters Holdings Book.

  24. Miscellaneous and General Provisions

    1. 55. Service of notices

    2. 55A.Public notification

    3. 56. Provisions as to entry and inspection.

    4. 57. Provisions as to compulsory purchase of land and as to management of land.

    5. 58. Provisions as to representations.

    6. 58A.Obtaining Commission approval or consent

    7. 58B.Variation of conditions on approval or consent

    8. 59. Financial provisions.

    9. 59A.Equal opportunities

    10. 60. Regulations and orders

    11. 61. Interpretation.

    12. 62. Application of Act to Crown.

    13. 63. Transitional provisions and savings, and repeals.

    14. 64. Short title, commencement and extent.

  25. SCHEDULES

    1. SCHEDULE 1

      THE CROFTING COMMISSION

      1. Status

        1. 1.(1) The Commission are a body corporate.

      2. General powers

        1. 2.(1) The Commission may do anything which they consider is...

      3. Membership

        1. 3.(1) Subject to sub-paragraph (2), the Commission are to consist...

      4. Appointed members: eligibility

        1. 4.(1) In appointing members of the Commission, the Scottish Ministers...

      5. Appointed members: terms of appointment

        1. 5.Subject to this schedule, an appointed member holds and vacates...

      6. Resignation and cessation of membership

        1. 6.(1) A person may resign office as a member of...

      7. Elected members: regulations

        1. 7.(1) The Scottish Ministers may, by regulations, make provision for...

      8. Remuneration, allowances and pensions

        1. 8.(1) The Scottish Ministers must pay to the members of...

      9. Removal of members

        1. 9.(1) The Scottish Ministers may remove a member of the...

      10. Chief executive, staff and employees

        1. 10.(1) The Scottish Ministers must, after consultation with the convener...

      11. Quorum

        1. 11.(1) The quorum of the Commission is five members.

      12. Committees

        1. 12.(1) The Commission must establish— (a) an audit committee; and...

      13. Procedure

        1. 13.(1) The Commission may regulate— (a) their own procedure; and...

      14. Members' interests

        1. 14.(1) A member of the Commission or any other person...

      15. Delegation of powers

        1. 15.(1) The Commission may authorise— (a) any of their members;...

      16. Local assessors

        1. 16.(1) The Commission may appoint a panel of suitable persons...

      17. Location of office

        1. 17.The Commission— (a) must have their principal office premises in...

      18. Finance

        1. 18.(1) The Scottish Ministers may— (a) pay grants;

      19. Accounts

        1. 19.(1) The Commission must— (a) keep proper accounts and accounting...

      20. Provision of information to Scottish Ministers

        1. 20.The Commission must provide the Scottish Ministers with such information...

      21. Transfer of property, rights and liabilities

        1. 21.(1) Where the Scottish Ministers consider it necessary or expedient...

    2. SCHEDULE 2

      The statutory conditions

      1. 1.The crofter shall pay his rent at the terms at...

      2. 2.The crofter shall not, except in accordance with the provisions...

      3. 3.The crofter shall, by himself or his family, with or...

      4. 3A.The croft shall be kept in a fit state for...

      5. 3B.Without prejudice to the generality of paragraph 3A above, in...

      6. 4.The crofter shall provide such fixed equipment on his croft...

      7. 5.The crofter shall not, to the prejudice of the interest...

      8. 5A.In sub-paragraphs (b) and (c) of paragraph 5 above, “...

      9. 6.The crofter shall not sublet his croft or any part...

      10. 6A.The crofter shall be responsible for ensuring, where the croft...

      11. 7.The crofter shall not, except in accordance with the provisions...

      12. 8.The crofter shall not, without the consent in writing of...

      13. 9.The crofter shall not ... violate any written condition signed...

      14. 10.The crofter shall not do any act whereby he becomes...

      15. 11.The crofter shall permit the landlord or any person authorised...

      16. 11A.Nothing in paragraph 11 above shall be held to allow,...

      17. 12.The crofter shall not on his croft, without the consent...

      18. 13.In this Schedule— “ cultivate ” includes the use of...

    3. SCHEDULE 3

      Permanent improvements

      1. 1.Dwelling-house.

      2. 2.Improvement works carried out in compliance with a notice of...

      3. 3.Farm offices.

      4. 4.Subsoil and other drains.

      5. 5.Walls and fences.

      6. 6.Deep trenching.

      7. 7.Clearing the ground.

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

      9. 9.Making piers or landing stages.

      10. 10.Roads practicable for vehicles from the croft to the public...

      11. 11.All other improvements which, in the judgment of the Land...

      12. 12.Buildings or other structures erected under section 5 of the...

    4. SCHEDULE 4

      Confirmation and validity of reorganisation schemes

      1. Part I

        1. Procedure for confirming reorganisation schemes

          1. 1. Confirmation and validity of reorganisation schemes

          2. 2. Confirmation and validity of reorganisation schemes

          3. 3. Confirmation and validity of reorganisation schemes

          4. 4. Confirmation and validity of reorganisation schemes

          5. 5. Confirmation and validity of reorganisation schemes

          6. 6. Confirmation and validity of reorganisation schemes

      2. Part II

        1. Validity of reorganisation schemes

          1. 7. Confirmation and validity of reorganisation schemes

          2. 8. Confirmation and validity of reorganisation schemes

    5. SCHEDULE 5

      Provisions as to security, etc., of loans

      1. 1.The loan shall be secured by a heritable security over...

      2. 2.The loan shall either be repaid by half-yearly instalments of...

      3. 3.The amount for the time being unpaid may at any...

      4. 4.A certificate by the Secretary of State that the whole...

      5. 5.The Secretary of State shall cause to be prepared and...

    6. SCHEDULE 6

      Transitional provisions and savings

      1. 1.In so far as anything done under an enactment repealed...

      2. 2.Where any period of time specified in an enactment repealed...

      3. 3.Any reference in any enactment or document, whether express or...

      4. 4.Nothing in this Act shall affect the enactments repealed by...

      5. 5.The repeal by this Act of section 22 of the...

      6. 6.Notwithstanding the repeal by this Act of section 3 of...

    7. SCHEDULE 7

      Repeals

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

      2. Part II Other enactments repealed

    8. TABLE OF DERIVATIONS

      1. Showing the derivation of the provisions of the Act

      2. NOTE: The following abbreviations are used in this Table—

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