Textual Amendments
F1Ss. 4, 13(1)(2)(3)(a)–(d)(4)(5), 17, 22, 23, 28 repealed by Small Landholders (Scotland) Act 1911 (c. 49), Sch. 2
The Crofters Commission shall once in every year . . . F2 make a report to the Secretary for Scotland as to their proceedings under this Act, and every such report shall be presented to Parliament.
Textual Amendments
F2Words repealed by Statute Law Revision Act 1898 (c. 22)
. . . F3 this Act shall apply to every crofter . . . F3 and to his heirs and legatees, in the same manner as if the tenancy were a lease.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F3Words repealed by Small Landholders (Scotland) Act 1911 (c. 49), Sch. 2
F4Words repealed with saving by Succession (Scotland) Act 1964 (c. 41), s. 34(2), Sch. 3
Modifications etc. (not altering text)
C1S. 19 restricted by Crofters (Scotland) Act 1955 (3 & 4 Eliz. 2 c. 21), s. 38(3), Sch. 6 Pt. I
When an application is made to the Crofters Commission to fix a fair rent, intimation thereof shall be given to the other party interested in the holding, landlord or crofter, as the case may be, and the Crofters Commission shall appoint a time and place at which parties shall be heard in reference to the matter of the application.
It shall be competent for the Commissioners in case of such application to visit the holding, if they think fit, as also to call in the aid of an assessor or assessors, specially qualified by local knowledge or otherwise, and to hear the case wholly or partially with the aid of such assessor or assessors, or they may obtain a valuation or report from a competent valuer or valuers appointed by them for the purpose.
Modifications etc. (not altering text)
C2S. 20 applied with modifications by Small Landholders (Scotland) Act 1911 (c. 49), s. 32(14); restricted by Crofters (Scotland) Act 1955 (3 & 4 Eliz. 2 c. 21), s. 38(3), Sch. 6 Pt. I
When an application for an enlargement of crofters’ holdings is made to the Crofters Commission they shall intimate such application to the landlord or landlords, as also to the tenant or tenants, and any other person or persons in the occupation of or otherwise interested in the land proposed to be added to the crofters holdings, including heritable creditors holding securities over the same, and shall give notice of the time or times, and place or places, at which parties shall be heard in regard to the matter of the application.
It shall be competent to the Commissioners to visit the place to which the application relates, and also if they shall think fit to call in the assistance of an assessor or assessors, or of a valuer or valuers, as herein-before provided.
In assigning land for the enlargement of crofters holdings, it shall be competent for the Commissioners, if they think fit, to make such order or orders with respect to the erection and maintenance of fencing of the said land as they shall consider necessary or expedient, and to decern that the expense of such erection and maintenance shall be paid by the person or persons interested, as the Crofters Commission shall consider just, having regard to the advantage accruing to the said person or persons respectively from such fencing.
F5. . .
Textual Amendments
F5In s. 21, the last two paragraph repealed (5.1.1994) by 1993 c. 45, s.2, Sch.2
Textual Amendments
F6Ss. 4, 13(1)(2)(3)(a)–(d)(4)(5), 17, 22, 23, 28 repealed by Small Landholders (Scotland) Act 1911 (c. 49), Sch. 2
Textual Amendments
F7Ss. 4, 13(1)(2)(3)(a)–(d)(4)(5), 17, 22, 23, 28 repealed by Small Landholders (Scotland) Act 1911 (c. 49), Sch. 2
Textual Amendments
F8S. 24-26 repealed (5.1.1994) by 1993 c. 45, s. 2, Sch.2
Textual Amendments
F9S. 24-26 repealed (5.1.1994) by 1993 c. 45, s. 2, Sch.2
Textual Amendments
F10S. 24-26 repealed (5.1.1994) by 1993 c. 45, s. 2, Sch.2
Textual Amendments
Textual Amendments
F12Ss. 4, 13(1)(2)(3)(a)–(d)(4)(5), 17, 22, 23, 28 repealed by Small Landholders (Scotland) Act 1911 (c. 49), Sch. 2
Textual Amendments
F13S. 29 repealed (5.1.1994) by 1993 c. 45, s. 2, Sch.2.
Where, in any proceeding under this Act, the Crofters Commission is empowered to pronounce an order, the landlord and the crofter may agree to accept the decision of a sole arbiter mutually chosen instead of the decision of the Crofters Commission, and in that case any order pronounced by such sole arbiter shall, when recorded in the “Crofters Holdings Book” along with the agreement to accept his decision, be as effectual to all intents and purposes as an order of the Crofters Commission; and all regulations applicable to the Crofters Commission, and to the orders pronounced by them, shall apply to any sole arbiter and the orders pronounced by him.]
Textual Amendments
F14s. 30 repealed (5.1.1994 so far as applying in the crofting counties) by 1993 c. 44, s. 63(2), Sch. 7 Pt.1 (with s. 30(5), Sch. 6 para. 4).
Nothing in this Act shall affect the provisions of the Agricultural Holdings (Scotland) Act, 1883, provided that:
Where any improvements are valued under the said Act with a view to compensation to be paid to a crofter, such valuation shall be made, unless the landlord and the crofter otherwise agree, by the Crofters Commission, according to the procedure prescribed by this Act.
Modifications etc. (not altering text)
C3S. 31 restricted by Crofters (Scotland) Act 1955 (3 & 4 Eliz 2. c. 21), s. 38(3), Sch. 6 Pt I
For the purpose of enabling the [F15Secretary of State], to make advances by way of loan to persons engaged in the prosecution of the fishing industry, whether crofters or others, in crofting parishes . . . F16 abutting upon the sea, it shall be lawful for the Treasury to advance to the [F15Secretary of State]such sums as may from time to time be placed at their disposal by Parliament for the purpose.
The purposes to which the sums advanced as aforesaid shall be applied by way of loan shall be deemed to include the building, purchase, or repair of vessels, boats, and gear for fishing purposes, and any other purpose of the like nature, for the benefit or encouragement of the fishing industry within the localities above specified, which may be sanctioned by the [F15Secretary of State] . . . F17
The loans in making which the said sums shall be applied, shall be made by the [F15Secretary of State]upon such terms as to repayment, security, rate, and payment of interest, and otherwise, as the [F15Secretary of State], with the consent of the Treasury, shall determine.
All moneys due in respect of loans made under this Act may be recovered by the [F15Secretary of State]summarily, in manner provided by the Summary Jurisdiction Acts . . . F18.
A certificate, purporting to be signed by the [F15Secretary of State], stating the amount due from any person in respect of any loan made to him under this Act, together with the interest thereon, shall, until the contrary is proved, be evidence of the amount due and of the liability of the person therein named to pay the same.
If at any time while any part of a loan under this Act remains unpaid, the [F15Secretary of State]are satisfied that the borrower is not carrying into effect the undertaking for which the loan was made, they may forthwith sue for and recover summarily the loan and all moneys due by him in respect thereof.
All moneys recovered by the [F15Secretary of State]in repayment of such loans, and interest thereon, shall be paid by the [F15Secretary of State]to the account of Her Majesty’s Exchequer, as the Treasury may from time to time direct.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Textual Amendments
F15Words substituted by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10, Sch. 1
F16Words repealed by Small Landholders (Scotland) Act 1911 (c. 49), Sch. 2
F17Words repealed by Reorganisation of Offices (Scotland) Act 1939 (c. 20), Sch.
F18Words repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10, Schs. 1, 2
F19Words repealed by Inshore Fishing (Scotland) Act 1984 (c. 26, SIF 52:1), s. 10, Sch. 1
Nothing in this Act shall apply to any holding or building let to a person during his continuance in any office, appointment, or employment of the landlord, or of any tenant of the landlord, nor to any holding or building let at a nominal rent, or without rent, as a pension for former service, or on account of old age or poverty, nor to any holding or building let to a person during his tenure of any office such as that of minister of religion or schoolmaster [F21or] to any innkeeper or tradesman placed in the district by the landlord for the benefit of the neighbourhood.]
Textual Amendments
F20S. 33 repealed (5.1.1994 so far as applying in the crofting counties) by 1993 c. 44, s. 63(2), Sch. 7 Pt.1 (with s. 30(5), Sch. 6 para. 4).
F21Word substituted by Small Landholders (Scotland) Act 1911 (c. 49), s. 26(7)
Modifications etc. (not altering text)
C4S. 33 amended by Small Landholders (Scotland) Act 1911 (c. 49), s. 26(7)
In this Act F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Cottar” means the occupier of a dwelling-house situate in a crofting parish with or without land who pays no rent to the landlord, as also the tenant from year to year of a dwelling-house situated in a crofting parish who resides therein, and who pays to the landlord thereafter an annual rent not exceeding six pounds in money, whether with or without garden ground, but without arable or pasture land.
“Permanent improvements” means the improvements specified in the Schedule to this Act.
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other expressions have the same meanings as in the M1Agricultural Holdings (Scotland) Act 1883.
Textual Amendments
F22Definitions of “Crofter” and “Crofting parish” repealed by Small Landholders (Scotland) Act 1911 (c. 49), Sch. 2
F23Definitions of “Holding” and “Treasury” repealed by Statute Law Revision Act 1898 (c. 22) and Small Landholders (Scotland) Act 1911 (c. 49), Sch. 2
Modifications etc. (not altering text)
C5S. 34 amended by Small Landholders (Scotland) Act 1911 (c. 49), s. 2; restricted by Crofters (Scotland) Act 1955 (3 & 4 Eliz. 2 c. 21), s. 38(3), Sch. 6 Pt. I
Marginal Citations
This Act may be cited as the Crofters Holdings (Scotland) Act, 1886.