44Decrofting in case of resumption or vacancy of croft(1)

The 1993 Act is modified by subsections (2) to (6).

(2)

In section 24 (decrofting in case of resumption or vacancy of croft)—

(a)

for subsection (2ZA) substitute—(2ZA)

But the Commission may not make a direction under subsection (2) if, on the date on which the landlord gives notice to the Commission, the croft was an unregistered croft.

(b)

subsection (3B) is repealed,

(c)

in subsection (3C)—

(i)

in the opening words, for “registered croft (other than a first registered croft)” substitute “direction under subsection (2) or (3) (other than one under subsection (3) given by virtue of section 25(4) of this Act)”,

(ii)

in paragraph (a), for “a direction under subsection (2) or (3) (other than one under subsection (3) given by virtue of section 25(4) of this Act)” substitute “the direction”.

(3)

In section 24B (Commission’s powers in relation to applications under section 24A), for subsection (3) substitute—(3)

The Commission may not give a decrofting direction under subsection (1) if, on the date on which the owner-occupier made the application to the Commission under section 24A(1), the owner-occupier croft was unregistered.

(4)

In section 24C(4) (application of section 25 in relation to decrofting directions)—

(a)

paragraph (b) is repealed,

(b)

for paragraph (d), substitute—(d)

subsection (4ZD),

(5)

In section 24D (effect of decrofting direction) in subsection (3), in the opening words, for “the croft to which the decrofting direction relates is a registered croft (other than a first registered croft)” substitute “a decrofting direction is given in relation to a croft”.

(6)

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

(a)

in subsection (1)—

(i)

in paragraph (a), for “they” substitute “the application is made in respect of a registered croft and the Commission”,

(ii)

in paragraph (b), after “part of a croft” insert “which is a registered croft and”,

(b)

in subsection (4), for “subsections (4ZB) and (4ZD)” substitute “subsection (4ZD)”,

(c)

subsections (4ZA) to (4ZC) are repealed,

(d)

in subsection (4ZD), in the opening words, for “The direction” substitute “In relation to a direction under section 24(3) which is made by virtue of an application under subsection (4), the direction”.

(7)

The 2010 Act is modified by subsections (8) and (9).

(8)

In section 4(4) (first registration), paragraph (l) is repealed.

(9)

In schedule 2, in table 1—

(a)

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

(b)

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

(c)

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