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The Crofting Reform (Scotland) Act 2010 (Commencement No. 2, Transitory, Transitional and Saving Provisions) Order 2011

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Article 3

SCHEDULE

PART 1Provisions of the Act for which the day appointed for the coming into force is 1st October 2011

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purpose)

Section 1(3)Schedule 1 – The Crofting CommissionOnly for the purposes of—
(a)repealing Schedule 1 of the 1993 Act; and
(b)replacing it with the paragraphs 1, 2, 7, 10, 12 to 17 and 20 of the substituted Schedule 1
Section 2(1)General functions
Section 2(2)General functionsOnly for the purpose of inserting section 2A into the 1993 Act
Section 33Crofters’ duties
Section 34Owner-occupiers’ dutiesOnly for the purpose of inserting sections 19B (for all remaining purposes), 19C and 19D(1), (2), (6), (7) and (8) into the 1993 Act
Section 35Consent for absence from croft
Section 37EnforcementOnly for the purpose of inserting sections 26A to 26F, 26G(1), (2), (5), (6) and (7), 26H, 26J(1) to (4), (7), (8), (11) and (12) and 26K(1) to (8) into the 1993 Act
Section 39Letting of owner-occupier croftsOnly for the purpose of inserting sections 29A(1), (4) to (6), (9) and (10) and 29B into the 1993 Act
Section 42Resumption applications
Section 43Decrofting directions
Section 44Re-letting crofts
Section 45Application to decroft
Section 46Enlargement of croftsOnly for the purposes of—
(a)repealing section 4 of the 1993 Act; and
(b)replacing that section with section 4(1), (2), (4) and (7).
Section 47Enlargement of common grazingsOnly for the purposes of—
(a)repealing section 51 of the 1993 Act; and
(b)replacing that section with section 51(1), (2), and (3)
Section 48(1) to (6)Commission approval or consent
Section 48(7)Commission approval or consent

Only for the purposes of—

(a)repealing subsections (7) to (10) of section 58A of the 1993 Act; and
(b)replacing those subsections with subsection (7)(a) to (f) and (h).
Section 48(8) to (12)Commission approval or consent
Section 49(1), (2), (3), (5) and (6)Bequest of crofts
Section 49(4)Bequest of crofts

Only for the purposes of—

(a)repealing subsection (2B) to (4D) of section 10 of the 1993 Act; and
(b)replacing those subsections with the subsections (3), (4A) and (4C)(a).
Section 50(2)Appeals: procedure
Section 55Minor and consequential amendments and repealsOnly for the purpose of bringing into force the provisions of schedule 4 specified in column 1 of this Part of the Schedule below
Schedule 1The Crofting CommissionOnly for the purposes of bringing into force paragraphs 1, 2, 7, 10, 12, 13, 14, 15, 16, 17 and 20 of the substituted Schedule 1.
Schedule 4, paragraphs 2, 3(1), 3(3), 3(5)(b), 3(6), 3(7), 3(8)(a) and (b), 3(9)(b), 3(10)(a) and (c) to (e), 3(13), 3(14)(b), (c)(ii) to (iv), (f) to (i), 3(15)(a), 3(17), 3(18), 3(19), 3(20), 3(21), 3(22), 3(24), 3(25), 3(29), 3(30), 3(32)(b), (c) and (d), 3(34), 3(35), 3(36)(d), (h) and (j) and 3(37)Amendments to enactments

Paragraph 3(8)(a) is commenced only for the purpose of inserting section 8(1A).

Paragraph 3(36)(d) is commenced only for the purpose of inserting the definition of “cultivate”.

Paragraph 3(36)(j) is commenced only for the purpose of inserting the definition of “purposeful use”.

PART 2Provisions for which the day appointed for the coming into force is 1st April 2012

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purpose)

Section 1(1), (2) and (4)Renaming of Commission
Section 1(3)Schedule 1 – The Crofting CommissionFor all remaining purposes
Section 2(2)General functionsFor all remaining purposes
Section 36Annual notices
Section 38Grazings Committee Reports
Section 48Commission approval or consentFor all remaining purposes
Section 55Minor and consequential amendments and repealsOnly for the purpose of bringing into force the provisions of schedule 4 specified in column 1 of this Part of the Schedule below.
Schedule 1, paragraphs 3, 4, 5, 6, 8, 9, 11, 18, 19 and 21Membership and appointed members, etc, remuneration and other provisions relating to the Crofting Commission
Schedule 4, paragraphs 3(2), 3(36)(b) and 4Amendment to enactments

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