Search Legislation

Crofting Reform (Scotland) Act 2010

 Help about what version

What Version

 Help about advanced features

Advanced Features

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

There are currently no known outstanding effects for the Crofting Reform (Scotland) Act 2010, Section 39. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

39Letting of owner-occupied croftsS

This section has no associated Explanatory Notes

After section 29 of the 1993 Act insert—

Letting of owner-occupied croftsS
29ALetting of owner-occupied crofts

(1)An owner-occupier crofter may not let the owner-occupier's croft (or any part of it) without the consent of the Commission.

(2)Subject to subsection (7), where consent is applied for under subsection (1) in relation to an unregistered owner-occupied croft (or any part of such an owner-occupied croft), the Commission—

(a)may not grant that consent unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for consent was made;

(b)need not, during that 6 month period, consider the application for consent until an application for first registration of the croft is submitted.

(3)Subject to subsection (8), in relation to a registered owner-occupied croft (other than an owner-occupied croft which is a first registered croft), or any part of such a croft—

(a) any consent under subsection (1) expires at the end of the period of 3 months beginning with the date on which such consent was granted unless an application for registration of the letting of the croft (or part of the croft) is made by virtue of section 5 of the 2010 Act before the expiry of that period;

(b)the letting of the croft (or part of the croft) takes effect on the date of registration.

(4)The Commission may, in giving their consent to a proposed lease of an owner-occupied croft for a period not exceeding 10 years (a “short lease”), impose such conditions (other than any relating to rent) as they consider appropriate.

(5)A lease is void if it is granted—

(a)without the Commission's consent;

(b)in the case of a short lease, otherwise than in accordance with such conditions as the Commission may impose.

(6)The Commission may terminate a short lease granted under this section if—

(a)a condition imposed under subsection (4) is breached; or

(b)the tenant fails to comply with a condition of let (other than any relating to rent).

(7)Subsection (2) does not apply to an application for consent to a proposed lease which is a short lease.

(8)Subsection (3) does not apply to—

(a)consent under subsection (1) to a short lease; or

(b)the letting of the croft (or part of the croft) on a short lease.

(9)Where, by virtue of a lease granted under this section, a right in a common grazing is let to the tenant under the lease—

(a)that tenant comes into the place of the owner-occupier crofter in relation to any matter which concerns the right; and

(b)any grazings regulations applicable to the grazing apply to the tenant accordingly.

(10)Subsections (1) to (6) do not apply to the letting of any dwelling-house or other building forming part of the owner-occupied croft to holiday visitors.

29BStatus of tenant under a short lease

The tenant under a short lease of an owner-occupied croft is not to be treated as—

(a)a crofter; or

(b)the tenant under a lease constituting—

(i)a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11);

(ii)a short limited duration tenancy within the meaning of that Act; or

(iii)a limited duration tenancy within the meaning of that Act..

Commencement Information

I1S. 39 in force at 22.12.2010 for specified purposes by S.S.I. 2010/437, art. 3, Sch. (with art. 4)

I2S. 39 in force at 1.10.2011 for specified purposes by S.S.I. 2011/334, art. 3(1)(a)(2), Sch. Pt. 1 (with arts. 4, 5(3))

I3S. 39 in force at 30.11.2012 for specified purposes by S.S.I. 2012/288, art. 3(1)(b)(2), Sch. 1 Pt. 2 (with Sch. 2 para. 1(v))

I4S. 39 in force at 30.11.2013 in so far as not already in force by S.S.I. 2012/288, art. 3(1)(c) (with Sch. 2 para. 6)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources