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Crofters (Scotland) Act 1961

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This is the original version (as it was originally enacted).

4Determination of questions by Land Court

(1)Without prejudice to any jurisdiction exercisable by them 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 them by the Commission, any question of fact or law arising under the Act of 1955 or this Act, whether such question arises before or after the commencement of this Act, and 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 the Act of 1955 and this Act apply:

Provided that the Land Court shall not have power under this subsection to determine—

(i)any question of a kind reserved by the Act of 1955 or this Act to a court other than the Land Court; or

(ii)any question (other than a question of law) decided by the Secretary of State or the Commission in the discharge of any of his or their functions under the Act of 1955 or this Act.

(2)The Land Court shall cause intimation to be made to the Commission of their determination on any question coming before them under the Landholders Acts (in their application to the crofting counties) or the Act of 1955 or this Act.

(3)So much of subsection (2) of section twenty-five of the Act of 1911 as provides for the stating by the Land Court of a special case for the opinion of the Court of Session on any question of law arising in proceedings in the Land Court under the Landholders Acts shall apply in relation to proceedings in the Land Court under any other enactment as it applies in relation to the first-mentioned proceedings.

(4)Subsection (2) of section thirty-four of the Act of 1955 (which provides for the stating by the Commission of a case for the opinion of the sheriff on questions of law arising in certain circumstances) shall cease to have effect.

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