Crofting Reform (Scotland) Act 2010

Valid from 30/11/2012

15 Resumed and decrofted crofts S

(1) The Keeper must—

(a) where subsection (2) applies, remove the entry in the register relating to the resumed croft;

(b) where subsection (3) applies, remove the entry in the register relating to the croft in relation to which a decrofting direction has been made.

(2) This subsection applies where—

(a) a registered croft has been resumed (whether before or after it was first registered) by virtue of an authorisation under section 20(1) of the 1993 Act;

(b) no order has been made under section 21A(1) of that Act that the land so resumed revert to being a croft; and

(c) the period of 20 years beginning with when the resumption was authorised has ended.

(3) This subsection applies where—

(a) a decrofting direction under section 24(2) or [F1 (3) or, as the case may be, 24B(1)] of the 1993 Act was made in relation to a registered croft (whether made before or after it was first registered);

[F2 (aa) in the case of a decrofting direction under section 24B(1), the Commission have not revoked the direction under section 25(3);]

(b) the Land Court has not revoked the direction by virtue of section 25(8B) of that Act or by virtue of any other enactment; and

(c) the period of 20 years beginning with the making of the direction has ended.

(4) This section applies to a part of a croft as it applies to a whole croft with the modification that references in subsection (1) to removing entries in the register are to be read as references to modifying such entries.

Textual Amendments

F1 Words in s. 15(3)(a) substituted (retrospective to 1.10.2011) by Crofting (Amendment) (Scotland) Act 2013 (asp 10), ss. 3, 6, Sch. para. 2(5)(a)

F2 S. 15(3)(aa) inserted (retrospective to 1.10.2011) by Crofting (Amendment) (Scotland) Act 2013 (asp 10), ss. 3, 6, Sch. para. 2(5)(b)