Crofting Reform etc. Act 2007 Explanatory Notes

Section 15: Transfer of tenancy of croft by executor: amendment of section 16 of the Succession (Scotland) Act 1964

65.This section modifies the provisions of section 16 of the 1964 Act relating to the transfer of tenancy by an executor to distinguish between transfer of a croft tenancy which will require the consent of the Commission and transfers of the tenancy of other leases which require the consent of the landlord. This is achieved mainly through section 15(3) which inserts new subsection (2A) into section 16 of the 1964 Act. The amendment to section 16(9) of the 1964 Act effected by section 15(4) clarifies the definition of croft for the purposes of the 1964 Act.

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