Crofters (Scotland) Act 1993

The Crofters Commission

1 Constitution and general functions of Crofters Commission.

2 Particular powers and duties of the Commission.

Meaning of croft and crofter

3 Meaning of croft and crofter.

3BCompensation for constituting holding outwith crofting counties as croft on application of tenant

3CAppeal against assessment under section 3B

Enlargement of crofts

4 Enlargement where owner and crofter are in agreement.

The conditions of tenure

5 The statutory conditions.

5AComplaint as respects breach of the statutory conditions

5BTermination of tenancy for misuse or neglect

7 Renunciation of tenancy.

8 Assignation of croft.

9 Sub-division of croft.

Succession to croft

10 Bequest of croft.

Rights of crofters and cottars to acquire their subjects

12 General provision.

13 Authorisation by Land Court of acquisition of croft land.

14 Consideration payable in respect of acquisition of croft land.

15 Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house.

16 Provisions relating to conveyance.

17 Provisions supplementary to sections 13 and 15.

18 Adjustment of rent for remainder of croft where part conveyed to crofter.

19 Provisions relating to existing loans and heritable securities.

19ASchemes for development

Provisions relating to termination of tenancy and de-crofting

20 Resumption of croft or part of croft by landlord.

21 Crofter’s right to share in value of land resumed by landlord.

21AReversion of resumed land

22 Absentee crofters.

23 Vacant crofts.

24 Decrofting in case of resumption or vacancy of croft.

25 Provisions supplementary to s.24(3).

26 Provisions as to removal of crofter.

Subletting of crofts

27 Provisions as to right to sublet.

28 Special provisions regarding subletting of crofts not adequately used.

29 Miscellaneous provisions regarding subleases of crofts.

Compensation for improvements and for deterioration or damage

30 Compensation to crofter for improvements.

31 Permanent improvements made on crofts for purposes of subsidiary or auxiliary occupations.

32 Assessment of compensation for improvements.

33 Record of improvements.

34 Compensation to landlord for deterioration or damage.

35 Assessment of compensation for improvements or deterioration on joint application to Land Court.

36 Compensation to cottar for improvements.

Compulsory acquisition of croft

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

Reorganisation schemes

38 Reorganisation schemes.

38AAppeal to Land Court: special provision as respects reorganisation schemes

39 Putting into effect of reorganisation schemes.

Commission to obtain information and compile register of crofts

40 Obtaining of information by Commission.

41 Register of Crofts.

Financial assistance to crofters, cottars and certain owner- occupiers etc

43 Supplementary provisions as to loans under s.42.

45 Former crofters and cottars who have acquired site of the dwelling-house.

46 Owner-occupiers of like economic status as crofters and other persons.

46ARegulations concerning loans

Common Grazings

47 Appointment, etc., of grazings committee or grazings constable.

48 Powers and duties of grazings committees.

49 Common grazings regulations.

50 Use of common grazings for forestry purposes.

50AJoint forestry ventures etc.

50BUse of common grazing for other purposes

51 Enlargement of common grazings.

51ANew common grazing

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

Provisions relating to Land Court

52AAppeal to Land Court: general

53 Jurisdictional provisions.

53AExtent of boundaries

53BAccess to croft

54 Crofters Holdings Book.

Miscellaneous and General Provisions

55 Service of notices

55APublic notification

56 Provisions as to entry and inspection.

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

58 Provisions as to representations.

59 Financial provisions.

59AEqual opportunities

60 Regulations.

61 Interpretation.

62 Application of Act to Crown.

63 Transitional provisions and savings, and repeals.

64 Short title, commencement and extent.

SCHEDULE 1 Provisions as to the Crofters Commission

Constitution of the Commission

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

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

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

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

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

Meetings and Proceedings of the Commission

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

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

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

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

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

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

Office, Officers and Servants

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

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

Instruments executed or issued by the Commission

14 Provisions as to the Crofters Commission

15 Provisions as to the Crofters Commission

Appeals to the Land Court etc

14The Commission may do anything which appears to them to...

15The Commission may be a party to any such appeal...

SCHEDULE 2 The statutory conditions

1The crofter shall pay his rent at the terms at...

2The crofter shall not, except in accordance with the provisions...

3The crofter shall, by himself or his family, with or...

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

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

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

6AThe crofter shall be responsible for ensuring, where the croft...

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

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

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

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

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

11ANothing in paragraph 11 above shall be held to allow,...

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

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

SCHEDULE 3 Permanent improvements

1Dwelling-house.

2Improvement works carried out in compliance with a notice of...

4Subsoil and other drains.

5Walls and fences.

6Deep trenching.

7Clearing the ground.

8Planting trees, other than under section 48(4) of this Act....

9Making piers or landing stages.

10Roads practicable for vehicles from the croft to the public...

11All other improvements which, in the judgment of the Land...

12Buildings or other structures erected under section 5 of the...

SCHEDULE 4 Confirmation and validity of reorganisation schemes

Procedure for confirming reorganisation schemes

1 Confirmation and validity of reorganisation schemes

2 Confirmation and validity of reorganisation schemes

3 Confirmation and validity of reorganisation schemes

4 Confirmation and validity of reorganisation schemes

5 Confirmation and validity of reorganisation schemes

6 Confirmation and validity of reorganisation schemes

Validity of reorganisation schemes

7 Confirmation and validity of reorganisation schemes

8 Confirmation and validity of reorganisation schemes

SCHEDULE 5 Provisions as to security, etc., of loans

1The loan shall be secured by a heritable security over...

2The loan shall either be repaid by half-yearly instalments of...

3The amount for the time being unpaid may at any...

4A certificate by the Secretary of State that the whole...

5The Secretary of State shall cause to be prepared and...

SCHEDULE 6 Transitional provisions and savings

1In so far as anything done under an enactment repealed...

2Where any period of time specified in an enactment repealed...

3Any reference in any enactment or document, whether express or...

4Nothing in this Act shall affect the enactments repealed by...

5The repeal by this Act of section 22 of the...

6Notwithstanding the repeal by this Act of section 3 of...

SCHEDULE 7 Repeals

Part I Enactments repealed so far as they apply in the crofting counties

Part II Other enactments repealed

TABLE OF DERIVATIONS

Showing the derivation of the provisions of the Act

NOTE: The following abbreviations are used in this Table—

Crofters (Scotland) Act 1993

1993 c. 44

An Act to consolidate certain enactments relating to crofting, with amendments to give effect to recommendations of the Scottish Law Commission.

[5th November 1993]

I1 C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Commencement Information

I1

Act (except s.28) wholly in force at 05.01.1994 see s.64(2) and s.28(17)

Modifications etc. (not altering text)

C1

Act applied (6.7.1997) by 1997 c. 26, ss. 7(2), 8(3); S.I. 1997/1430, art. 1