Crofting Reform (Scotland) Act 2010 Explanatory Notes

1. Introduction

2. The Act

   1. Part 1 – Reorganisation of the Crofters Commission

      1. The Crofting Commission

         1. Section 1: The Crofting Commission

         2. Section 2: General functions of the Crofting Commission

   2. Part 2 – the Crofting Register

      1. Duty to establish and maintain register

         1. Section 3: The Crofting Register

      2. Registration

         1. Section 4: First registration

         2. Section 5: Registration of events affecting registered crofts

         3. Section 6: Persons responsible for applications for registration

         4. Section 7: Applications for registration

         5. Section 8: Acceptance of applications for registration

         6. Section 9: Completion of registration

         7. Section 10: Completion of registration: further provision on first registrations

      3. The registration schedule

         1. Section 11: The registration schedule

      4. Notification of first registration

         1. Section 12: Notification of first registration

         2. Section 13: Power of entry etc. where Commission are applicant

      5. Challenge to first registration

         1. Section 14: Challenge to first registration

      6. Removal of resumed and decrofted crofts from register

         1. Section 15: Resumed and decrofted crofts

      7. Rectification and indemnity

         1. Section 16: Rectification of the Register

         2. Section 17: Rectification following first registration

         3. Section 18: Indemnity in respect of loss

      8. Rules and fees

         1. Section 19: Rules and fees

      9. Appeals

         1. Section 20: Appeals

      10. Notification of change to registration schedule

          1. Section 21: Notification of change to registration schedule

      11. Consequential amendments of the 1993 Act

          1. Section 22: Meaning of “croft” etc.

          2. Section 23: Registration of new crofts

      12. Registration of common grazings

          1. Section 24:  First registration of common grazings

          2. Section 25:  Registration of events affecting registered common grazings

          3. Section 26:  Applications for registration:  common grazings

          4. Section 27:  Registration of new common grazings

          5. Section 28: Application of Act to common grazings

      13. Offences

          1. Section 29:  Transfer of land containing crofts:  offences

          2. Section 30:  Change of landlord: offences

          3. Section 31:  Transfer of land on which common grazing is situated: offences

      14. Lands held runrig

          1. Section 32:  Lands held runrig

   3. Part 3 – Duties of Crofters and Owner-Occupier Crofters

      1. Crofters’ duties relating to residency, use, misuse and neglect of crofts

         1. Section 33: Duties relating to residency, use, misuse and neglect of crofts

      2. Duties of owner-occupier crofters

         1. Section 34: Duties of certain owner-occupiers of crofts

      3. Commission consent for absence from croft

         1. Section 35: Consent for absence from croft

      4. Enforcement of duties of crofters and owner-occupier crofters

         1. Section 36: Information as to compliance with duties: annual notices

      5. Enforcement of duties of crofters and owner-occupier crofters

         1. Section 37: Enforcement of duties of crofters and certain owner-occupiers

      6. Grazings committees: duty to report misuse etc.

         1. Section 38: Grazings committees: duty to report breaches of crofters’ and owner-occupier crofters’ duties etc.

      7. Letting of owner-occupied crofts

         1. Section 39: Letting of owner-occupied crofts

   4. Part 4 – Further Amendments of the 1993 Act

      1. Disposal of croft land, resumption and decrofting

         1. Section 40: Limitation on crofter’s ability to nominate disponee

         2. Section 41: Extension of period during which sum is payable on disposal of croft land

         3. Section 42: Consideration of application to resume croft

         4. Section 43: Consideration of decrofting directions

      2. Letting of vacant crofts

         1. Section 44: Requirements to submit proposals for re-letting crofts

         2. Section 45: Application to decroft where action being taken to re-let vacant croft

      3. Enlargement of crofts and common grazings

         1. Section 46: Enlargement of crofts

         2. Section 47: Enlargement of common grazings

      4. Commission’s approval and consent

         1. Section 48: Obtaining Commission approval or consent

      5. Succession to crofts

         1. Section 49: Bequest of crofts

      6. Appeals

         1. Section 50: Appeals: procedure

   5. Part 5 – General and Miscellaneous

      1. Section 51: Duty to report to the Scottish Parliament

      2. Section 52: Pre-consolidation modifications of enactments relating to crofting

      3. Section 53: Subordinate legislation

      4. Section 54: Ancillary provision

      5. Section 55: Minor and consequential amendments and repeals

      6. Section 56: Interpretation

      7. Section 57: Short title, commencement and Crown application

   6. Schedule 1 – the Crofting Commission

   7. Schedule 2 – Persons Responsible for Applications for Registration

   8. Schedule 3 – Application of Act to Common Grazings

   9. Schedule 4 – Minor and Consequential Modifications

3. Parliamentaty History Table