Crofters (Scotland) Act 1993

25 Provisions supplementary to s.24(3). S

(1) The Commission shall give a direction under section 24(3) of this Act that a croft shall cease to be a croft if—

(a) subject to subsection (2) below, they are satisfied that the applicant has applied for the direction in order that the croft may be used for or in connection with some reasonable purpose (within the meaning of section 20 of this Act) having relation to the good of the croft or of the estate or to the public interest [F1 or to the interests of the crofting community in the locality of the croft] and that the extent of the land to which the application relates is not excessive in relation to that purpose; or

(b) the application is made in respect of a part of a croft, which consists only of the site of the dwelling-house on or pertaining to the croft and in respect of which a crofter is entitled at the time of the application, or has been entitled, to a conveyance by virtue of section 12(2) of this Act, and they are satisfied that the extent of garden ground included in that part is appropriate for the reasonable enjoyment of the dwelling-house as a residence [F2 or

(c) the application is made in respect of a croft the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act]

(2) Without prejudice to subsection [F3 (1)(b) or (c)] above, the Commission, in determining whether or not to give such a direction, shall have regard to the general interest of the crofting community in the district in which the croft is situated and in particular to the demand, if any, for a tenancy of the croft from persons who might reasonably be expected to obtain that tenancy if the croft were offered for letting on the open market on the date when they are considering the application.

(3) Where the Commission give such a direction on being satisfied as mentioned in subsection (1)(a) above, they may in the direction impose such conditions [F4 (which may include provision as to timescales)] as appear to them requisite for securing that the land to which the direction relates is used for the proposed use; and if at any time they are satisfied that there has been a breach of any such condition, they may make a further direction that the land in respect of which there has been such a breach shall be a vacant croft.

[F5 (3A) Conditions imposed by virtue of subsection (3) above may include a condition that the use be initiated by a time specified in the condition.

(3B) The Commission may from time to time modify any conditions so imposed.

(3C) No such further direction as is mentioned in subsection (3) above shall be made if—

(a) more than 20 years have elapsed since the direction under section 24(3) of this Act;

(b) the land, or any part of it, has, since the direction under that section, been conveyed to a person other than the former crofter or a member of the former crofter's family; or

(c) a debt is for the time being secured by way of a standard security over, or over any real right in, the land or any part of it.]

(4) The Commission may, on the application of a crofter who is proposing to acquire croft land or the site of the dwelling-house on or pertaining to his croft, give a direction under the said section 24(3) as if the land were a vacant croft and the application were made by the landlord, that in the event of such acquisition of the land it shall cease to be a croft, or refuse the application; but such a direction shall not have effect until the land to which it relates has been acquired by the crofter or his nominee and unless the acquisition is made within 5 years of the date of the giving of the direction.

[F6 (4A) Written notice of an application under subsection (4) above made in respect of a part of a croft consisting only of the site of the dwelling-house on or pertaining to the croft shall be given to the landlord by the applicant; and the Commission—

(a) shall not give a direction by virtue of that subsection on an application so made unless they are satisfied (in addition to what is required by subsection (1)(b) above) that; and

(b) may include in any such direction conditions for the purpose of ensuring that,

implementation of the proposal would not prevent or impede access to another part of the croft or to other croft land.]

(5) A direction under the said section 24(3) may be given taking account of such modification of the application in relation to which the direction is given as the Commission consider appropriate.

(6) The Commission shall advertise all applications under the said section 24(3) or subsection (4) above (except an application made in respect of a part of a croft consisting only of the site of the dwelling-house on or pertaining to the croft [F7 or only of land the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act] ) in one or more newspapers circulating in the district in which the croft to which the application relates is situated, and before disposing of such an application shall, if requested by the applicant, afford a hearing to the applicant and to such other person as they think fit.

[F8 (7) The Commission shall give both—

(a) notice in writing to the applicant; and

(b) public notification,

of their direction on an application made to them under the said section 24(3) or subsection (4) above, specifying the nature of and the reasons for the direction and, as the case may be, for any conditions imposed in the direction.

(7A) The Commission shall—

(a) give written notification to the owner of land—

(i) to which a further direction under subsection (3) above relates of the making of that direction; and

(ii) of the modification, under subsection (3B) above, of a condition which relates to that land; and

(b) give public notification of those matters.

(8) As regards—

(a) a direction (including a condition in a direction) by the Commission on an application—

(i) under section 24(3) of this Act, the applicant or any member of the crofting community in the locality of the land;

(ii) under subsection (4) above, the applicant or the owner of the land,

may within 42 days after the giving of public notification of the making of the direction;

(b) a modification under subsection (3B) above, of a condition which relates to land, the owner, or any tenant of the land or any member of the crofting community in the locality of the land, may within 42 days after the giving of public notification of the modification; or

(c) a further direction under subsection (3) above, the owner, or any tenant, of the land, may within 42 days after the making of that direction,

appeal by way of stated case, on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court.

(8A) For the purposes of this section, the references in section 52A(3) to a “direction” are to be construed as including references to a modification.

(8B) In an appeal under subsection (8) above the Court may—

(a) confirm or revoke the direction or modification;

(b) direct the Commission to make a different direction or modification; or

(c) remit the case to the Commission without so directing them.]

(9) The Commission shall give effect to the determination of the Land Court on an appeal under subsection (8) above.

Textual Amendments

F1 Words in s. 25(1)(a) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F2 S. 25(1)(c) and word added (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(ii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F3 Words in s. 25(2) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(iii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F4 Words in s. 25(3) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(iv), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F5 S. 25(3A)-(3C) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(v), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F6 S. 25(4A) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(vi), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F7 Words in s. 25(6) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(7) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F8 S. 25(7)-(8B) substituted for s. 25(7) (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 23(b)(vii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.