Crofters (Scotland) Act 1993

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. Meaning of croft and crofter

   1. 3. Meaning of croft and crofter.

4. Enlargement of crofts

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

5. The conditions of tenure

   1. 5. The statutory conditions.

   2. 6. Rent.

   3. 7. Renunciation of tenancy.

   4. 8. Assignation of croft.

   5. 9. Sub-division of croft.

6. Succession to croft

   1. 10. Bequest of croft.

   2. 11. Intestacy.

7. 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.

8. 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. 22. Absentee crofters.

   4. 23. Vacant crofts.

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

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

   7. 26. Provisions as to removal of crofter.

9. 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.

10. 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.

11. Compulsory acquisition of croft

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

12. Reorganisation schemes

    1. 38. Reorganisation schemes.

    2. 39. Putting into effect of reorganisation schemes.

13. Commission to obtain information and compile register of crofts

    1. 40. Obtaining of information by Commission.

    2. 41. Register of Crofts.

14. 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.

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

    5. 51. Enlargement of common grazings.

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

16. Provisions relating to Land Court

    1. 53. Jurisdictional provisions.

    2. 54. Crofters Holdings Book.

17. Miscellaneous and General Provisions

    1. 55. Service of notices

    2. 56. Provisions as to entry and inspection.

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

    4. 58. Provisions as to representations.

    5. 59. Financial provisions.

    6. 60. Regulations.

    7. 61. Interpretation.

    8. 62. Application of Act to Crown.

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

    10. 64. Short title, commencement and extent.

18. SCHEDULES

    1. SCHEDULE 1

       Provisions as to the Crofters Commission

       1. Constitution of the Commission

          1. 1. The Commission shall be a body corporate and shall have...

          2. 2. Every member of the Commission shall hold and vacate office...

          3. 3. The Secretary of State shall pay to the members of...

          4. 4. The Secretary of State shall, in the case of any...

          5. 5. If a person ceases to be a member of the...

       2. Meetings and Proceedings of the Commission

          1. 6. The quorum of the Commission shall be three or such...

          2. 7. The proceedings of the Commission shall not be invalidated by...

          3. 8. If at any meeting of the Commission the votes are...

          4. 9. The Commission shall refer to one or more of their...

          5. 10. In any application or other proceeding coming before them the...

          6. 11. Subject to the foregoing provisions of this Schedule, the Commission...

       3. Office, Officers and Servants

          1. 12. The Commission shall have an office in the crofting counties...

          2. 13. The Secretary of State may provide the services of such...

       4. Instruments executed or issued by the Commission

          1. 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

          2. 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

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

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

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

    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. Before confirming a reorganisation scheme the Secretary of State shall—...

             2. 2. If no objection is made under paragraph 1 of this...

             3. 3. If any objection made as aforesaid is not withdrawn, the...

             4. 4. Where the Secretary of State proposes to make any modification...

             5. 5. Notwithstanding anything in paragraph 3 of this Schedule, the Secretary...

             6. 6. Subsections (2) to (8) of section 210 of the Local...

       2. Part II

          1. Validity of reorganisation schemes

             1. 7. On confirming a reorganisation scheme the Secretary of State shall...

             2. 8. If any person aggrieved by a reorganisation scheme desires to...

    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—