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Crofting Reform (Scotland) Act 2010

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Crofting Reform (Scotland) Act 2010. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

    1. Part 1 – Reorganisation of the Crofters Commission

      1. The Crofting Commission

        1. Section 1: The Crofting Commission

        2. Section 2: General functions of the Crofting Commission

    2. Part 2 – the Crofting Register

      1. Duty to establish and maintain register

        1. Section 3: The Crofting Register

      2. Registration

        1. Section 4: First registration

        2. Section 5: Registration of events affecting registered crofts

        3. Section 6: Persons responsible for applications for registration

        4. Section 7: Applications for registration

        5. Section 8: Acceptance of applications for registration

        6. Section 9: Completion of registration

        7. Section 10: Completion of registration: further provision on first registrations

      3. The registration schedule

        1. Section 11: The registration schedule

      4. Notification of first registration

        1. Section 12: Notification of first registration

        2. Section 13: Power of entry where Commission are applicant

      5. Challenge to first registration

        1. Section 14: Challenge to first registration

      6. Removal of resumed and decrofted crofts from register

        1. Section 15: Resumed and decrofted crofts

      7. Rectification and indemnity

        1. Section 16: Rectification of the Register

        2. Section 17: Rectification following first registration

        3. Section 18: Indemnity in respect of loss

      8. Rules and fees

        1. Section 19: Rules and fees

      9. Appeals

        1. Section 20: Appeals

      10. Notification of change to registration schedule

        1. Section 21: Notification of change to registration schedule

      11. Consequential amendments of the 1993 Act

        1. Section 22: Meaning of “croft”

        2. Section 23: Registration of new crofts

      12. Registration of common grazings

        1. Section 24:  First registration of common grazings

        2. Section 25:  Registration of events affecting registered common grazings

        3. Section 26:  Applications for registration:  common grazings

        4. Section 27:  Registration of new common grazings

        5. Section 28: Application of Act to common grazings

      13. Offences

        1. Section 29:  Transfer of land containing crofts:  offences

        2. Section 30:  Change of landlord: offences

        3. Section 31:  Transfer of land on which common grazing is situated: offences

      14. Lands held runrig

        1. Section 32:  Lands held runrig

    3. Part 3 – Duties of Crofters and Owner-Occupier Crofters

      1. Crofters’ duties relating to residency, use, misuse and neglect of crofts

        1. Section 33: Duties relating to residency, use, misuse and neglect of crofts

      2. Duties of owner-occupier crofters

        1. Section 34: Duties of certain owner-occupiers of crofts

      3. Commission consent for absence from croft

        1. Section 35: Consent for absence from croft

      4. Enforcement of duties of crofters and owner-occupier crofters

        1. Section 36: Information as to compliance with duties: annual notices

      5. Enforcement of duties of crofters and owner-occupier crofters

        1. Section 37: Enforcement of duties of crofters and certain owner-occupiers

      6. Grazings committees: duty to report misuse

        1. Section 38: Grazings committees: duty to report breaches of crofters’ and owner-occupier crofters’ duties

      7. Letting of owner-occupied crofts

        1. Section 39: Letting of owner-occupied crofts

    4. Part 4 – Further Amendments of the 1993 Act

      1. Disposal of croft land, resumption and decrofting

        1. Section 40: Limitation on crofter’s ability to nominate disponee

        2. Section 41: Extension of period during which sum is payable on disposal of croft land

        3. Section 42: Consideration of application to resume croft

        4. Section 43: Consideration of decrofting directions

      2. Letting of vacant crofts

        1. Section 44: Requirements to submit proposals for re-letting crofts

        2. Section 45: Application to decroft where action being taken to re-let vacant croft

      3. Enlargement of crofts and common grazings

        1. Section 46: Enlargement of crofts

        2. Section 47: Enlargement of common grazings

      4. Commission’s approval and consent

        1. Section 48: Obtaining Commission approval or consent

      5. Succession to crofts

        1. Section 49: Bequest of crofts

      6. Appeals

        1. Section 50: Appeals: procedure

    5. Part 5 – General and Miscellaneous

      1. Section 51: Duty to report to the Scottish Parliament

      2. Section 52: Pre-consolidation modifications of enactments relating to crofting

      3. Section 53: Subordinate legislation

      4. Section 54: Ancillary provision

      5. Section 55: Minor and consequential amendments and repeals

      6. Section 56: Interpretation

      7. Section 57: Short title, commencement and Crown application

    6. Schedule 1 – the Crofting Commission

    7. Schedule 2 – Persons Responsible for Applications for Registration

    8. Schedule 3 – Application of Act to Common Grazings

    9. Schedule 4 – Minor and Consequential Modifications

  3. Parliamentaty History Table

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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