16Requirement for proposed crofter to be aware of duties(1)

The 1993 Act is modified as follows.

(2)

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

Where consent is applied for under subsection (1), the Commission may not grant that consent unless it is satisfied that the proposed assignee is aware of the duties they would have as a crofter, following any such assignation, under sections 5AA, 5B and 5C.

(3)

After section 19BA (as inserted by section 12 of this Act) insert—

19BBRegulations about making proposed owner demonstrate awareness of owner-occupier duties(1)

The Scottish Ministers may, by regulations, make provision about how a person is to satisfy the Commission that the person is aware of the duties of an owner-occupier crofter under section 19C before the person may—

(a)

acquire title to a croft as the nominee of a crofter, or

(b)

purchase a croft from a constituting landlord.

(2)

Regulations under subsection (1) may, in particular, make provision about—

(a)

the steps which must or may be taken by a person to satisfy the Commission of the person’s awareness of the duties, and

(b)

the effect of a failure to take such steps.

(3)

Regulations under subsection (1) may modify any enactment (including this Act).

(4)

In section 23 (vacant crofts)—

(a)

after subsection (3) insert—(3ZZA)

Where approval is applied for under subsection (3), the Commission may not grant that approval unless it is satisfied that the person that the croft (or any part of such a croft) is proposed to be let to is aware of the duties they would have as a crofter, following any such approval, under sections 5AA, 5B and 5C.

(b)

after subsection (5C) insert— (5CA)

The Commission may not make a determination under subsection (5C) to let the croft to an applicant unless it is satisfied that the applicant is aware of the duties they would have as a crofter, following any such determination, under sections 5AA, 5B and 5C.

(5)

In section 60 (regulations and orders), in subsection (3)(b), after “section 5C(8B),” (as inserted by section 2(5) of this Act) insert “section 19BB(1),”.