[F121BCommission consent for absence from croftS
(1)A crofter or an owner-occupier crofter may apply to the Commission for consent to be ordinarily resident other than on, or within 32 kilometres of, the croft or, as the case may be, the owner-occupied croft.
(2)Where an application under subsection (1) is made by a crofter, the crofter must send a copy of the application to the landlord of the croft.
(3)The Commission may grant consent only if they consider that there is a good reason for the person not to be ordinarily resident on, or within 32 kilometres of, the croft or, as the case may be, the owner-occupied croft.
(4)The Commission may grant consent subject to such conditions as they consider it appropriate to impose which may, in particular, relate to the duration of absence.
(5)The Commission must make their decision on an application under subsection (1) before the expiry of the period of 28 days beginning with the date on which the application is made.
(6)The Commission must notify—
(a)the applicant; and
(b)if the applicant is a crofter, the landlord of the croft,
of their decision and the reasons for making it.]
Textual Amendments
F1Ss. 21B-21D and cross-heading inserted (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 35, 57(2) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)