- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Crofting Reform (Scotland) Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)Section 10 of the 1993 Act (bequest of croft) is amended as follows.
(2)In subsection (1), for the words from “bequeath” to the end substitute—
“(a)bequeath the tenancy of the whole of the crofter's croft to any one natural person; or
(b)bequeath the tenancy of that croft to two or more natural persons provided that—
(i)each person would come into the place of the crofter in relation to the tenancy of part of the croft; and
(ii)no part of the croft would, were all the bequests accepted, be untenanted.”.
(3)For subsection (2) substitute—
“(2)A person to whom the tenancy of a croft (or of part of a croft) is bequeathed (in this section, the “legatee”) must, if the legatee accepts the bequest—
(a)give notice of the bequest to the landlord; and
(b)send a copy of the notice to the Commission,
before the end of the period of 12 months beginning with the death of the crofter.”.
(4)For subsections (2B) to (4D) substitute—
“(3)The bequest is null and void if—
(a)in the case of a bequest such as is mentioned in subsection (1)(a), no notice is given (and no copy sent) in accordance with subsection (2) or (2A);
(b)in the case of a bequest such as is mentioned in subsection (1)(b), any legatee fails to give notice (and send a copy) in accordance with subsection (2) or (2A).
(4)Where, in the case of a bequest as is mentioned in subsection (1)(a), notice is given (and a copy sent) in accordance with subsection (2) or (2A), the legatee comes into the place of the deceased crofter (as from the date of death of that crofter) on the relevant date of registration.
(a)a crofter bequeaths the tenancy of a croft as mentioned in subsection (1)(b); and
(b)each legatee gives notice (and sends a copy) in accordance with subsection (2) or (2A),
the deceased crofter's executor must apply to the Commission for consent under section 9 to divide the croft accordingly.
(4B)Where the Commission give their consent to the division of the croft under section 9, each legatee comes into the place of the deceased crofter in relation to that legatee's new croft (as from the date of death of that crofter) on the relevant date.
(4C)The bequest is null and void if—
(a)the Commission do not give their consent to the division of the croft under section 9; or
(b)such consent is given but an application for registration of the division is not made in accordance with subsection (3)(a) of that section.”.
(5)In subsection (4E)—
(a)at the beginning insert “ Subject to subsection (4EA), ”; and
(b)for “(2B), (4A) or, as the case may be, (4D)” substitute “ (4) or, as the case may be, (4B) ”.
(6)After that subsection insert—
“(4EA)Where, as a result of the Commission giving their consent to the division of the croft under section 9, two or more legatees come into the place of the deceased crofter, those legatees are jointly and severally liable for—
(a)the debts mentioned in subsection (4E)(a); and
(b)any expenses mentioned in subsection (4E)(b).”.
(7)After subsection (6) insert—
“(7)In subsection (4), the “relevant date of registration” is—
(a)where the croft was unregistered, the date of registration in relation to the application for registration of the croft by virtue of section 4(4)(e) of the 2010 Act;
(b)where the croft was registered, the date of registration in relation to the application for registration of the notice by virtue of section 5(3)(e) of that Act.
(8)In subsection (4B)—
“legatee's new croft” means the new croft, formed by division under section 9, which corresponds to the part of the original croft bequeathed to the legatee (“division”, “new croft” and “original croft” being construed in accordance with section 9(6));
“relevant date” means—
where the croft was unregistered, the date the Keeper receives notification of the Commission's consent to divide the croft by virtue of section 10(7) of the 2010 Act;
where the croft was registered, the date of registration in relation to the application for registration of the division by virtue of section 5(3)(d)(i) of that Act.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: