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Crofters (Scotland) Act 1993

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Section 5.

SCHEDULE 2S The statutory conditions

1The crofter shall pay his rent at the terms at which it is due and payable.S

2The crofter shall not, except in accordance with the provisions of this Act, execute any deed purporting to assign his tenancy.S

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F23A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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F33B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

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4The crofter shall provide such fixed equipment on his croft as may be necessary to enable him to cultivate the croft.S

5The crofter shall not, to the prejudice of the interest of the landlord, [F4injure the croft— S

(a)by allowing the dilapidation of buildings;

(b)where the croft is cultivated, by allowing, after relevant notice, the deterioration of the soil; or

(c)where the croft is put to some other purposeful use, by actings prejudicial to that use being actings carried out after relevant notice.]

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Amendments (Textual)

F4Words in Sch. 2 para. 5 substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 7(2)(c), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

[F55AIn sub-paragraphs (b) and (c) of paragraph 5 above, “relevant notice” means notice given by the landlord to the crofter not to do, or not to allow, a particular thing or not to engage in a particular course of conduct (being a thing or course of conduct specified in the notice and relevant to the deterioration or prejudice in question).]S

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Amendments (Textual)

F5Sch. 2 para. 5A inserted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 7(2)(d), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2

6The crofter shall not sublet his croft or any part thereof otherwise than with the consent in writing of the Commission and in accordance with such conditions (which shall not include conditions relating to rent) as the Commission in giving their consent may impose:S

Provided that nothing in this paragraph shall be construed as debarring a crofter from subletting any dwelling-house or other building forming part of his croft to holiday visitors.

[F66AThe crofter shall be responsible for ensuring, where the croft is sublet, that the subtenant adheres to the statutory conditions.]S

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Amendments (Textual)

7The crofter shall not, except in accordance with the provisions of this Act, [F7divide] his croft.S

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F7Word in Sch. 2 para. 7 substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 7(2)(f), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

8The crofter shall not, without the consent in writing of the landlord, erect or suffer to be erected on the croft any dwelling-house otherwise than in substitution for a dwelling-house which at the commencement of this Act was already on the croft:S

Provided that, if at the commencement of this Act there was no dwelling-house on the croft, the crofter may erect one dwelling-house thereon.

9The crofter shall not F8... violate any written condition signed by him for the protection of the interest of the landlord or of neighbouring crofters which is legally applicable to the croft and which the Land Court shall find to be reasonable.S

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Amendments (Textual)

F8Word in Sch. 2 para. 9 repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 7(2)(g), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

10The crofter shall not do any act whereby he becomes apparently insolvent within the meaning of the Bankruptcy (Scotland) Act [F92016] .S

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Amendments (Textual)

F9Word in Sch. 2 para. 10 substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 13 (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

11The crofter shall permit the landlord or any person authorised by the landlord in that behalf to enter upon the croft for the purpose of exercising (subject always to the payment of such compensation as in case of dispute the Land Court may find to be reasonable in respect of any damage done or occasioned thereby) any of the following rights, and shall not obstruct the landlord or any person authorised as aforesaid in the exercise of any of such rights, that is to say—S

(a)mining or taking minerals, or digging or searching for minerals;

(b)quarrying or taking stone, marble, gravel, sand, clay, slate or other workable mineral;

(c)using for any estate purpose any springs of water rising on the croft and not required for the use thereof;

(d)cutting or taking timber or peats, excepting timber and other trees planted by the crofter or any of his predecessors in the tenancy, or which may be necessary for ornament or shelter, and excepting also such peats as may be required for the use of the croft;

(e)opening or making roads, fences, drains and water courses;

(f)passing and re-passing to and from the shore of the sea or any loch with or without vehicles for the purpose of exercising any right of property or other right belonging to the landlord;

(g)viewing or examining at reasonable times the state of the croft and all buildings or improvements thereon;

(h)hunting, shooting, fishing or taking game or fish, wild birds or vermin;

but nothing in this paragraph shall be held to preclude the crofter from recovering any compensation for damage by game which is recoverable under section 52 of the M1Agricultural Holdings (Scotland) Act 1991 [F10, or by virtue of section 53(3) of the Agricultural Holdings (Scotland) Act 2003 (asp 11)] , by a tenantF11....

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Amendments (Textual)

Marginal Citations

[F1211ANothing in paragraph 11 above shall be held to allow, or require the crofter to allow, the landlord, or any person authorised by the landlord, to exercise unreasonably a right enjoyed by virtue of that paragraph.]S

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

12The crofter shall not on his croft, without the consent in writing of the landlord, open any house for the sale of intoxicating liquors.S

13In this Schedule—S

  • F13...

  • game” means deer, hares, rabbits, pheasants, partridges, grouse, blackgame, capercailzie, ptarmigan, woodcock, snipe, wild duck, widgeon and teal.

  • F13...

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