Crofters (Scotland) Act 1993

Section 1.

[F1 SCHEDULE 1 S Provisions as to the Crofters Commission

Textual Amendments

F1 Sch. 1 substituted (1.10.2011 for specified purposes, 1.4.2012 in force in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 1 (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 4 5(1) 8); S.S.I. 2011/334, art. 3, sch. Pt. 2 (with arts. 4 5(3))

Constitution of the Commission S

1 S The Commission shall be a body corporate and shall have a common seal.

2 S Every member of the Commission shall hold and vacate office in accordance with the terms of the instrument under which he is appointed; but notwithstanding anything in such an instrument any member of the Commission may resign his office by a notice given under his hand to the Secretary of State, and a member of the Commission who ceases to hold office shall be eligible for re-appointment to the Commission.

3 S The Secretary of State shall pay to the members of the Commission such remuneration and such allowances as he may F2 . . . determine.

Textual Amendments

F2 Words in Sch. 1 para. 3 omitted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2, Pt. 1 para. 111, Pt. 5

4 S The Secretary of State shall, in the case of any member of the Commission to whom he may with the approval of the Treasury determine that this paragraph applies, pay such pension, allowance or gratuity to or in respect of the member on his retirement or death, or make such payments towards the provision of such a pension, allowance or gratuity, as he may, with the like approval, determine.

5 S If a person ceases to be a member of the Commission and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation he may, with the approval of the Treasury, pay to that person a sum of such amount as he may, with the like approval, determine.

Meetings and Proceedings of the Commission S

6 S The quorum of the Commission shall be three or such larger number as the Commission may from time to time determine.

7 S The proceedings of the Commission shall not be invalidated by any vacancy in the membership of the Commission or by any defect in the appointment of any member thereof.

8 S If at any meeting of the Commission the votes are equally divided on any question, the person [F3 chairing] the meeting shall have a second or casting vote.

Textual Amendments

F3 Word in Sch. 1 para. 8 substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(20) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

9 S The Commission shall refer to one or more of their number for report and recommendation such matters as may be determined by the Commission and shall delegate to one or more of their number such of the functions conferred on the Commission by this Act, to such extent and subject to such conditions or restrictions, as may with the approval of the Secretary of State be so determined.

10 S In any application or other proceeding coming before them the Commission may order that the evidence shall be taken on oath.

11 S Subject to the foregoing provisions of this Schedule, the Commission shall have power to regulate their own procedure.

Office, Officers and Servants S

12 S The Commission shall have an office in the crofting counties at which communications and notices will at all times be received.

13 S The Secretary of State may provide the services of such officers and servants as the Commission may require.

Instruments executed or issued by the Commission S

F4 14 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 1 para. 14 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3)).

F5 15 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 1 para. 15 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3)).

Appeals to the Land Court etc. S

[F6 14 The Commission may do anything which appears to them to be necessary or expedient for the preparation of a stated case in an appeal to the Land Court under this Act; and without prejudice to that generality may make rules prescribing procedures to be complied with, and by whom, in such preparation.

Textual Amendments

F6 Sch. 1 para. 14 15 and crossheading added (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 33(3), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

[F6 15 The Commission may be a party to any such appeal or in any proceedings on a question coming before that Court on an application under section 53(1) of this Act.]]

Textual Amendments

F6 Sch. 1 para. 14 15 and crossheading added (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 33(3), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.