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Crofters (Scotland) Act 1993

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Commencement Orders bringing legislation that affects this Act into force:

Commission to obtain information and compile register of croftsS

40 Obtaining of information by Commission.S

(1)The Commission may by notice served on the owner or the occupier of any holding require him to furnish them with such information as may be specified in the notice with regard to the extent, the rent and the tenure of the holding and with regard to such other matters relating to the ownership or the occupation of the holding as the Commission may reasonably require for the execution of their functions under this Act.

(2)If any owner or occupier on whom a notice has been served under subsection (1) above—

(a)fails without reasonable cause or neglects to furnish to the Commission within 3 months after the service of the notice the information specified in the notice; or

(b)in furnishing such information as aforesaid knowingly or recklessly furnishes any information which is false in a material particular,

he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 1 on the standard scale.

41 Register of Crofts.S

(1)It shall be the duty of the Commission to compile and maintain a register of crofts (in this Act referred to as “the Register of Crofts”).

(2)There shall be entered in the Register of Crofts—

(a)the name, location, rent and extent of every croft;

(b)the name of the tenant and the landlord of each croft;

(c)any consent of the landlord of a croft under section 50(1)(b) of this Act; and

(d)such other matters relating to each croft as the Commission may, with the approval of the Secretary of State, decide are proper to be entered in the Register;

and the Commission shall from time to time insert new entries in the Register or alter or omit existing entries so far as may be necessary to ensure the accuracy of the Register and shall send a copy of any new entry, or of any entry altered by them, to the landlord and the tenant of the croft concerned, and shall intimate the omission of any entry to the owner and the tenant (if any) of the land concerned:

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 the 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 any entry by the furnishing of information to them.

(3)The Commission shall, on a request for an extract of any entry in the Register of Crofts being made to them by a person who, in their opinion, has good reason for desiring an extract of the said entry, furnish that person with such extract certified by the person for the time being acting as secretary to the Commission; and a document purporting to be an extract of an entry in the Register and to be certified as aforesaid shall be sufficient evidence that the Register contains such an entry.

(4)The register of crofts compiled by the Commission under section 15(2) of the 1955 Act shall, so far as it contains particulars which are required by or under subsection (2) above to be entered in the Register of Crofts, be deemed to have been compiled by the Commission in pursuance of subsection (1) above.

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