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Crofters (Scotland) Act 1993
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Changes over time for: Section 53
Version Superseded: 30/11/2012
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- 05/01/1994- Amendment
- 25/06/2007- Amendment
- 25/06/2007
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53 Jurisdictional provisions.S
(1)Without prejudice to any jurisdiction exercisable by it under any enactment, the Land Court shall have power to determine, either on the application of any person having an interest or on a reference made to it by the Commission, any question of fact or law arising under this Act including, without prejudice to the said generality—
(a)the question whether any holding is a croft;
(b)the question who is the tenant of any croft;
(c)any question as to the boundaries of a croft or of any pasture or grazing land a right in which forms part of a croft;
(d)the question whether any land is or forms part of a common pasture or grazing to which this Act applies:
[F1(e)the question—
(i)whether any of the grounds mentioned in subsection (2A) of section 50 of this Act as grounds for refusing consent applied for under subsection (1) of that section is made out; or
(ii)whether conditions subject to which any such consent is given are reasonable]
Provided that the Land Court shall not have power under this subsection to determine—
(i)any question of a kind reserved by this Act to a court other than the Land Court;
[F2(ii) (other than on a reference made to it by the Commission) any question arising by virtue of an application to the Commission under this Act; or
(iii)any other question (other than a question of law), if it is a question decided by the Scottish Ministers or the Commission in the discharge of any of their respective functions under this Act.]
(2)The Land Court shall cause intimation to be made to the Commission of its determination on any question coming before it under [F3subsection (1) above] .
Textual Amendments
F1S. 53(1)(e) added (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 33(2)(a), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
F2Words in s. 53 substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 33(2)(b), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
F3Words in s. 53(2) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 33(2)(c), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
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