Crofting Reform (Scotland) Act 1976 (c. 21)

SCHEDULE 2 S Minor and Consequential Amendments

M1 The Crofters (Scotland) Act 1961 S

Marginal Citations

M1 1961 c. 58.

17 In section 2 (new crofts, enlarged crofts and common grazings)—

(a) subsection (1), and in subsection (5) the words from the beginning to “section and” shall cease to have effect ;

(b) in subsections (2)(a) and (b) and (3) for the words “and this Act” there shall be substituted the words “this Act and the Crofting Reform (Scotland) Act 1976” ;

(c) in subsection (2)(b)—

(i) for the words “seventy-five acres” and “fifty pounds” there shall be substituted respectively the words “30 hectares” and “£100” ,

(ii) for the words “Secretary of State”, “him” and “he makes” there shall be substituted respectively the words “commission”, “them” and “they make” ;

(d) after subsection (2) there shall be inserted the following subsection—

“(2A) The Commission shall make a direction under subsection (2) above only if they are satisfied that such a direction—

(a) would be of benefit to the croft ; and

(b) would result in the croft as enlarged by the land referred to in that subsection being substantially larger than 30 hectares or capable of being let as a croft at an annual rent substantially in excess of £100.”

Modifications etc. (not altering text)

C1 The text of Sch. 1 paras. 1–9, Sch. 2 paras. 1–25 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

18 At the end of section 3(2) (Commission to maintain register of crofts), there shall be added the following proviso—

“Provided that the Commission shall not be required under this subsection to send a copy of any new entry or of any entry altered by them or to intimate to omission of any entry to any person who has to any extent assisted the Commission in the performance of their duties of inserting or, as the case may be, altering or omitting an entry by the furnishing of information to them.”

Modifications etc. (not altering text)

C2 The text of Sch. 1 paras. 1–9, Sch. 2 paras. 1–25 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

19 In section 4 (determination of questions by Land Court), in subsections (1) and (2), after the words “or this Act” and “and this Act” wherever they occur there shall be inserted respectively the words “or the Crofting Reform (Scotland) Act 1976” and “and the Crofting Reform (Scotland) Act 1976”.

Modifications etc. (not altering text)

C3 The text of Sch. 1 paras. 1–9, Sch. 2 paras. 1–25 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

20 In section 12(10)(c) (subletting of crofts not adequately used), for the words “one acre” there shall be substituted the words “one half hectare”.

Modifications etc. (not altering text)

C4 The text of Sch. 1 paras. 1–9, Sch. 2 paras. 1–25 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

21 In section 13 (subleases of crofts), in the proviso to subsection (3) after the words “one month” where they first occur there shall be inserted the words “or such longer period not exceeding three months as the Commission may in all the circumstances think reasonble” and after the words “one month” where they subsequently occur there shall be inserted the words “or the said longer period”.

Modifications etc. (not altering text)

C5 The text of Sch. 1 paras. 1–9, Sch. 2 paras. 1–25 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

22 In section 14(1) (amendment of powers of Secretary of State with respect to giving financial assistance in crofting counties)—

(a) in paragraph (b), for the words “seventy-five acres” and “fifty pounds” there shall be substituted respectivelt the words “30 hectares” and “£100” ;

(b) after pargaraph (b) there shall be inserted the following paragraph—

“(bb) for occupiers of holdings, other than crofts situated in crofting counties which exceed 30 hectares (exclusive of any common pasture or grazing held therewith) and of which the annual rent if they were crofts so let would in the opinion of the Secretary of State are not substantially larger than 30 hectares (exclusive of any common pasture or grazing held therewith) or are capable of being so let at an annual rent not substantially in excess of £100, being occupiers who in the opinion of the Secreatry of State are of substantially the same economic status as a crofter ; and”

Modifications etc. (not altering text)

C6 The text of Sch. 1 paras. 1–9, Sch. 2 paras. 1–25 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

23 In section 15 (amendment of the law with respect to common grazings)—

(a) in subsection (2)—

(i) for the words “paragraph (b) of the said subsection” there shall be substituted the words “such of the croftes referred to in paragraph (b) of that subsection as are liable to pay any expenses in accordance with a proposed allocation of expenditure referred to in subsection (1A) of section 25 of that Act or, as the case may be, such a proposed allocation as approved or modified by the Commission under that subsection” ;

(ii) for the words from “discharge” to the end there shall be substituted the words “performance of the duties imposed on them by paragraphs (a) and (b) respectively of section 25(1) of that Act.” ;

(b) in subsection (6) for the words “and of this Act” and “either” there shall be substituted respectively the words “this Act and the Crofting Reform (Scotland) Act 1976” and “any”.

Modifications etc. (not altering text)

C7 The text of Sch. 1 paras. 1–9, Sch. 2 paras. 1–25 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991