Part 1Crofting reform

Chapter 1Crofts and crofters

Decrofting

19Commission decision-making on decrofting applications

(1)

The 1993 Act is modified as follows.

(2)

In section 24C(2) (application of section 25 in relation to decrofting directions), in substituted paragraph (b)(ii), after “under section” insert “24(3) or”.

(3)

In section 25 (provisions supplementary to s.24(3))—

(a)

in subsection (1B), after paragraph (b) insert—

“(c)

any plan of the Commission approved and published under section 2C,

(d)

any other matter which the Commission consider relevant.”,

(b)

after subsection (1C), insert—

“(1D)

In determining whether they are satisfied in respect of any matter mentioned in subsections (1)(a) and (b), the Commission may take into account whether a direction under section 24(3) has already been given in relation to land which previously formed part of the croft (or was deemed to form part of the croft by virtue of section 3(4) or (5)).”,

(c)

after subsection (6) insert—

“(6A)

As regards—

(a)

an application under section 24(3), a member of the crofting community of the township within which the land is situated,

(b)

an application under subsection (4) of this section, the owner of the land,

may, within the period of 28 days beginning with the day of the public notification of the application under subsection (6), submit to the Commission an objection as regards the application.

(6B)

In considering their decision on the application, the Commission—

(a)

must have regard to any objection received under subsection (6A),

(b)

may (despite subsection (6A)) accept an objection submitted after the end of the 28-day period if they consider there is a good reason why the objection is late.

(6C)

Subsections (16) and (17) of section 58A apply to objections under subsection (6A) of this section as they apply to objections under that section.”.