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Crofting and Scottish Land Court Act 2026
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Prospective
30Requirement to give Commission notice of change of ownershipS
This section has no associated Explanatory Notes
(1)The 1993 Act is modified as follows.
(2)In section 17 (provisions supplementary to sections 13 and 15), subsection (7) is repealed.
(3)After section 40A, insert—
“40BRequirement to give Commission notice of change of ownership
(1)Subsection (2) applies in relation to the transfer (whether or not for valuable consideration) of the ownership of any land on which any of the following are situated—
(a)a croft,
(b)an owner-occupied croft,
(c)a common grazing.
(2)The person who acquires the land must, within 1 month of ownership transferring, give notice to the Commission of the change of ownership.
(3)The Commission may by notice given to the person who acquired the land require the person to provide the Commission with information relating to—
(a)the transfer of the ownership of the land, and
(b)any other matter the Commission may require.
(4)Where the Commission—
(a)has cause to believe that a person has not complied with the duty in subsection (2), or
(b)are satisfied that the person has not complied with a requirement imposed under subsection (3),
the Commission may reject any objection submitted by the person in accordance with section 58A(4) in relation to an application, unless the failure mentioned in paragraph (a) or (as the case may be) paragraph (b) is remedied within the 28 day period following public notification of the application.
(5)Where the Commission reject an objection submitted by a person in accordance with section 58A(4) by virtue of subsection (4)—
(a)the Commission must (as soon as reasonably practicable) notify the person of their decision to reject the objection (and the reason for that decision),
(b)section 52A applies as if the decision to reject the objection were a decision of the Commission on an application to them under this Act.
(6)The Scottish Ministers may by regulations make provision about when ownership is to be treated as transferred for the purposes of this section.”.
Commencement Information
I1S. 30 not in force at Royal Assent, see s. 66(2)
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