41Division of crofts and owner-occupied crofts(1)

The 1993 Act is modified by subsections (2) and (3).

(2)

In section 9 (division of croft)—

(a)

for subsection (1A), substitute—(1A)

The Commission may not grant consent to the division of the crofter’s croft if, on the date on which the application for consent was made, the croft was an unregistered croft.

(b)

in subsection (3)—

(i)

in the opening words, for “In relation to a registered croft (other than a first registered croft)” substitute “Where the Commission grants consent to the division of a croft”,

(ii)

in paragraph (a), for “any consent of the Commission given under this section to a division of the croft” substitute “the consent”.

(3)

In section 19D (division of owner-occupied crofts)—

(a)

after subsection (2), insert—(2A)

The Commission may not grant consent to the division of the owner-occupier’s croft if, on the date on which the application for consent was made, the croft was an unregistered croft.

(b)

subsection (3) is repealed,

(c)

in subsection (4)—

(i)

in the opening words, for “In relation to a registered owner-occupied croft (other than an owner-occupied croft which is a first registered croft)” substitute “Where the Commission grants consent to a division of an owner-occupied croft by virtue of subsection (2)”,

(ii)

in paragraph (a), for “any consent of the Commission given by virtue of subsection (2) to a division of the owner-occupied croft” substitute “the consent”.

(4)

The 2010 Act is modified by subsections (5) to (7).

(5)

In section 4(4) (first registration), paragraph (d) is repealed.

(6)

In section 10 (completion of registration)—

(a)

subsection (7) is repealed,

(b)

subsection (8) is repealed.

(7)

In schedule 2, in table 1—

(a)

the entry relating to the making of an application as mentioned in section 4(4)(d)(i) is repealed,

(b)

the entry relating to the making of an application as mentioned in section 4(4)(d)(ii) is repealed.