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Crofters (Scotland) Act 1993

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8 Assignation of croft.S

(1)A crofter shall not assign his croft—

(a)to a member of his family unless he obtains the consent in writing of his landlord or, failing such consent, the consent in writing of the Commission on an application made to them;

(b)to a person other than a member of his family unless he obtains the consent in writing of the Commission on an application made to them.

(2)A landlord who has given his consent in pursuance of subsection (1)(a) above shall notify the Commission of the assignation and the name of the assignee.

(3)The Commission shall give notice to the landlord of any application made to them for their consent to the assignation of the tenancy of a croft and before deciding whether to give or to withhold their consent shall afford to the crofter and to the landlord an opportunity of making representations to them.

(4)In considering any application made as aforesaid the Commission shall take into account the family and other circumstances of the crofter and of the proposed assignee of the croft and the general interests of the township in which the croft is situated.

(5)Where a crofter assigns his croft otherwise than with the consent in writing of the Commission in a case where he is required to obtain such consent in pursuance of subsection (1) above, such assignation and any deed purporting so to assign the tenancy shall be null and void and the Commission may declare the croft to be vacant.

(6)An assignation to which the Commission have given their consent under this section shall take effect at the term of Whitsunday or Martinmas first occurring not less than two months after the date on which such consent was intimated to the crofter, unless before the said term of Whitsunday or Martinmas, as the case may be, the crofter or his executor or legatee and the assignee jointly give to the Commission notice in writing that they do not intend to proceed with the assignation.

(7)Any reference in this section to a croft shall include a reference to a part of a croft, being a part consisting of any right in pasture or grazing land deemed by virtue of section 3(4) of this Act to form part of a croft.

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