10Assignations to family members(1)

The 1993 Act is modified as follows.

(2)

In section 8 (assignation of croft), after subsection (1B) insert—(2A)

Subject to subsection (1B) and sections 23(6A) and 26J(13), if the Commission are satisfied that the conditions in subsections (2B) are met—

(a)

subsection (1C) does not apply to the application,

(b)

they must—

(i)

consent to the assignation of the crofter’s croft, and

(ii)

within 21 days of being so satisfied, notify the crofter, proposed assignee and the landlord that they are satisfied, and

(c)

the following provisions of section 58A do not apply to the application—

(i)

subsections (3) to (7),

(ii)

in subsection (11), the words “or grant it subject to conditions”,

(iii)

subsections (12A), (16) and (17).

(2B)

The conditions are—

(a)

the proposed assignee is a member of the crofter’s family,

(b)

the proposed assignee complies or, at the time the assignation takes effect, will comply, with the duty in section 5AA,

(c)

the proposed assignee is not entered in the Register of Crofts as the tenant or owner-occupier crofter of three or more crofts,

(d)

the crofter has, when submitting the application for consent to the Commission, given the landlord a copy of the application together with a notice—

(i)

informing the landlord that the proposed assignee is a member of the crofter’s family, and

(ii)

indicating that the landlord may, before the expiry of the period of 28 days beginning with the day on which notice is given, make representations to the Commission, and

(e)

the landlord of the croft has, during the period mentioned in paragraph (d)(ii), either consented to or not objected to the proposed assignation.