Crofters (Scotland) Act 1961 (repealed 5.1.1994)

2 Provisions as to new crofts and enlarged crofts and common grazings. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2) Where the owner of any land which is not itself a croft and which does not form part of a croft agrees to grant a tenancy of such land to any crofter, then—

(a) except in such a case as is mentioned in paragraph (b) of this subsection, if the owner of the said land and the crofter agree that such land will form part of any croft of which the crofter is tenant, the land shall, as from the date of entry under the said tenancy, form part of such croft, and the Act of 1955 [F2 this Act and the M1 Crofting Reform (Scotland) Act 1976] shall apply accordingly to the croft as so enlarged;

(b) in a case where the area of the croft (exclusive of any common pasture or grazing held therewith) together with the area of the land exceeds [F3 30 hectares] and the rent of the croft together with the rent under the said tenancy exceeds [F3 £100], the [F3 Commission] may, on an application in that behalf made to [F3 them] jointly by the owner of the land and the crofter, direct that the land shall form part of the croft and, if [F3 they make] such direction, then as from the date of the direction or the date of entry under the said tenancy, whichever is the later, the land shall form part of the croft, and the Act of 1955 [F2 this Act and the M2 Crofting Reform (Scotland) Act 1976] shall apply accordingly to the croft as so enlarged.

[F4 (2A) The Commission shall make a direction under subsection (2) above only if they are satisfied that such a direction—

(a) would be of benefit to the croft; and

(b) would not result in the croft as enlarged by the land referred to in that subsection being substantially larger than 30 hectares or capable of being let as a croft at an annual rent substantially in excess of £100.]

(3) Where any such land as is mentioned in paragraph (a) of subsection (3) of section eight of this Act is included in a reorganisation scheme made under that section and confirmed by the Secretary of State, then as from the date on which the scheme is put into effect the Act of 1955 [F2 this Act and the M3 Crofting Reform (Scotland) Act 1976] shall apply to such land.

(4) Where the owner of any land to which the Act of 1955 and this Act do not apply agrees to grant rights in any pasture or grazing land to the crofters sharing in any common grazing and the said owner and crofters agree that such land will form part of the said common grazing, then as from the date on which such rights are first exercisable by the crofters, the land shall form part of the common grazing, and the said Acts shall apply accordingly to the common grazing as so enlarged.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 the owner of any land which becomes part of a croft or of a common grazing by virtue of paragraph (a) of subsection (2) of this section or, as the case may be, the last foregoing subsection, shall give notice to the Commission of the enlargement of such croft or common grazing.

(6) In the application to the crofting counties of section four of the M4 Small Landholders and Agricultural Holdings (Scotland) Act 1931 (which amongst other things confers power on the Land Court in certain circumstances to cancel the registration of a person as a crofter) the words from “and where a person” to the end of the section shall cease to have effect . . . F6

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 S. 2(1)(7) repealed by Crofting Reform (Scotland) Act 1976 (c. 21), Sch. 3

F2 Words substituted by Crofting Reform (Scotland) Act 1976 (c. 21), Sch. 2 para. 17(b)

F3 Words substituted by Crofting Reform (Scotland) Act 1976 (c. 21), Sch. 2 para. 17(c)

F4 S. 2(2A) inserted by Crofting Reform (Scotland) Act 1976 (c. 21), Sch. 2 para. 17(d) 2

F5 Words repealed by Crofting Reform (Scotland) Act 1976 (c. 21), Sch. 3

F6 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. V

Marginal Citations

M1 1976 c. 21.

M2 1976 c. 21.

M3 1976 c. 21.

M4 1931 c. 44.