21Common grazings: acquisition of shares with croft(1)

The 1993 Act is modified as follows.

(2)

In section 3 (meaning of croft and crofter), after subsection (4) insert—(4A)

For the purposes of this Act, where a crofter has acquired the crofter’s entire croft, any right or land as is referred to in subsection (4) pertaining to the croft and acquired by the crofter is deemed to form part of the croft.

(3)

In section 29A (letting of owner-occupied crofts)—

(a)

after subsection (8) insert—(8A)

A lease of a croft granted under this section is deemed to include any right in a common grazing which pertains to the croft and is held by the owner-occupier crofter (either as a pertinent of the tenancy or, as the case may be, as a sub-lease of the right).

(8B)

Subsection (8A) does not apply if the lease—

(a)

is for part of the croft, and

(b)

makes express provision about what is to happen in respect of the rights in the common grazing.

(b)

in subsection (9), the words “, by virtue of a lease granted,” are repealed.

(4)

In section 48 (powers and duties of grazing committees), after subsection (7), insert—(8)

For the avoidance of doubt, this section and any common grazings regulations made under it apply to grazing rights in the common grazings which are owned or held by an owner-occupier crofter as they apply to a share in the common grazing; and a reference to a crofter sharing in the common grazing is to be read accordingly.