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Crofters (Scotland) Act 1993

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22 Absentee crofters.S

(1)If the Commission determine in relation to a croft—

(a)that the crofter is not ordinarily resident on, or within 16 kilometres of, the croft; and

(b)that it is in the general interest of the crofting community in the district in which the croft is situated that the tenancy of the crofter should be terminated and the croft let to some other person or persons;

then, subject to the provisions of this section, they shall have power to make an order terminating the tenancy of the crofter and requiring him to give up his occupation of the croft at a term of Whitsunday or Martinmas not earlier than 3 months after the making of such order.

(2)Before making an order under subsection (1) above the Commission shall take into consideration all the circumstances of the case, including the extent, if any, to which the croft is being worked and, where the croft is being worked by a member of the crofter’s family, the nature of the arrangements under which it is being so worked, and shall give to the crofter and to the landlord, not less than 6 months before the term at which the proposed order will take effect, notice that they propose to make such an order and shall afford to the crofter and the landlord an opportunity of making representations to them against the making of the proposed order.

Where the Commission make such an order, they shall, not less than 3 months before the term at which the order takes effect, give notice to the crofter and to the landlord of the making of the order.

(3)Where an order has been made under subsection (1) above and the crofter has failed to give up his occupation of the croft on or before the day on which the order takes effect, the sheriff on the application of the Commission shall, except on cause shown to the contrary, grant warrant for ejection of the crofter.

(4)The Commission may recover from the crofter the expenses incurred by them in any application under subsection (3) above and in the execution of any warrant granted thereon.

(5)A crofter shall, on the termination of his tenancy by an order made under subsection (1) above, be entitled to the like rights to, and be subject to the like liabilities in respect of, compensation as if he had renounced his tenancy at the term at which the order takes effect.

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