The Crofting Reform (Scotland) Act 2010 (Commencement No. 2, Transitory, Transitional and Saving Provisions) Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order appoints the days for the coming into force of various provisions of the Crofting Reform (Scotland) Act 2010 (“the Act”).

Article 3(1)(a) of the Order and Part 1 of the Schedule appoints 1st October 2011 for the coming into force of the following provisions of the Act (in some cases for a limited purpose):

• Section 1(3) for the purpose of inserting into the Crofters (Scotland) Act 1993 (“1993 Act”) the relevant paragraphs of Schedule 1 to the 1993 Act;

• Section 2(1);

• Section 2(2) for the purpose of inserting into the 1993 Act section 2A;

• Sections 33, 34, 35 and 37

• Section 39 of the Act, which relates to the letting of owner-occupied crofts, but only for the purpose of enabling the Scottish Ministers to make a scheme or regulations under section 42, 46 or 46A of the 1993 Act;

• Sections 42, 43, 44, 45, 46, 47, 48, 49 and 50(2);

• Section 55 which introduces schedule 4 which makes minor and consequential amendments and repeals but only for the purpose of bringing into force the relevant paragraphs of Schedule 4;

• Schedule 1 insofar as it relates to paragraphs 1, 2, 7, 10, 12 to 17 and 20 of the substituted Schedule 1 to the 1993 Act; and

• Paragraphs 2, 3(1), 3(3), 3(5)(b), 3(6), 3(7), 3(8)(a) and (b), 3(9)(b), 3(10)(a) and (c) to (e), 3(13), 3(14)(b), (c)(ii) to (iv), (f) to (i), 3(15)(a), 3(17), 3(18), 3(19), 3(20), 3(21), 3(22), 3(24), 3(25), 3(29), 3(30), 3(32)(b), (c) and (d), 3(34), 3(35), 3(36)(d), (h) and (j) and 3(37) of schedule 4.

Article 3(1)(b) of the Order and Part 2 of the Schedule appoints 1st April 2012 for the coming into force of the following provisions of the Act (in some cases for a limited purpose):

• Section 1(1), (2) and (4);

• Section 1(3) for the purpose of bringing into force the remaining paragraphs of schedule 1;

• Section 2(2) for the purpose of bringing into force sections 2B, 2C and 2D;

• Sections 36 and 38;

• Section 48;

• Section 55 which introduces Schedule 4 which makes minor and consequential amendments and repeals but only for the purpose of bringing into force the relevant paragraphs of schedule 4;

• Schedule 1 insofar as it relates to paragraphs 3, 4, 5, 6, 8, 9, 11, 18, 19 and 21 of the substituted Schedule 1 to the 1993 Act;

• Paragraphs 3(2), 3(36)(b) and 4 of schedule 4.

Article 4 of the Order makes a transitory provision so that any references to “the Commission” or the “Crofting Commission” in the provisions of the Act commenced by this Order are to be read as references to the Crofters Commission until the Crofters Commission is renamed the Crofting Commission by virtue of the commencement of section 1(1) of the Act (by this Order on 1st April 2012).

Article 5 makes transitional provisions to ensure that the appointment of the Chief Executive as at 1st October 2011 continues to have effect, to provide that divisions of owner-occupied crofts which have missives concluded prior to 1st October 2011 do not require consent from the Crofters Commission and to set an effective date for divisions, lettings, enlargements and bequests.

Articles 6 to 8 of the Order makes saving provisions with regard to investigations into absent crofters, to ensure that the appointments of the assessors as at 1st October 2011 continue to have effect and to save and renumber certain paragraphs of Schedule 1 to the 1993 Act.