2007 No. 269 (C. 24)

CROFTERS, COTTARS AND SMALL LANDHOLDERS

The Crofting Reform etc. Act 2007 (Commencement No. 1) Order 2007

Made

The Scottish Ministers, in exercise of the powers conferred by section 43(3) and (4) of the Crofting Reform etc. Act 20071, hereby make the following Order:

Citation1

This Order may be cited as the Crofting Reform etc. Act 2007 (Commencement No. 1) Order 2007.

Commencement of provisions2

The day appointed for the coming into force of the provisions of the Crofting Reform etc. Act 2007 listed in the Schedule to this Order is 25th June 2007; but where a particular purpose is specified in relation to any such provision in column 3 of the Schedule, the provision shall come into force only for that purpose.

ROSS FINNIEA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULE

Article 2

Column 1

Column 2

Column 3

Provision

Subject matter

Purpose

1

Discharge of functions

2

Equal opportunities

6

New crofts

7(1)(c)

Statutory conditions

Only for the purpose of bringing into force subsections (3) to (6) of section 5 of the Crofters (Scotland) Act 1993

7(2)(e) to (h)

Statutory conditions

8

Complaint as respects breach of the statutory conditions

11(2) and (3)

Subletting

18

Determination of the Land Court as to croft boundaries

19

Access to croft

20

Reorganisation schemes

21

Meaning of croft

22

Resumption and reversion

23

Decrofting

26(1)(a) to (d), (f) and (g)

Use of common grazing

26(2)

Use of common grazing

Only for the purpose of bringing into force section 50A of the Crofters (Scotland) Act 1993

27

New common grazing

29

Further amendment of section 52: apportionment

30

Schemes for development

31

Crofting community right to buy

32

Regulations concerning loans

33

Appeal to Land Court and jurisdiction of that court

34

Further amendments in relation to the Land Court

35

Public notification

36

“Members of a family”

37

“Crofting community”

39

Minor and consequential amendments

42

Repeals

Only for the purpose of bringing into force the repeals to the Crofters (Scotland) Act 1993

Schedule 1

Minor and consequential amendments

Schedule 2

Repeals

Only for the purpose of bringing into force the repeals to the Crofters (Scotland) Act 1993

(This note is not part of the Order)

This Order brings into force on 25th June 2007 a number of the provisions of the Crofting Reform etc. Act 2007. These largely make amendments to the Crofters (Scotland) Act 1993 (“the 1993 Act”). The amendments deal with functions of the Crofters Commission, additional statutory conditions for croft tenancies, a complaints procedure for breaches of the statutory conditions, sub letting of crofts and determination of croft boundaries.

The 1993 Act is also amended as respects reorganisation schemes, the resumption and reversion of crofts, de crofting, common grazing and the definitions of “croft”, “members of a family” and “crofting community”.

New provisions are inserted into the 1993 Act to provide for the creation of new crofts, an application to court for access to a croft over land owned by the landlord, schemes for development on croft land or common grazings, appeals to the Land Court against decisions made by the Crofters Commission, regulations concerning loans and public notification.

The Land Reform (Scotland) Act 2003 is amended with respect to the crofting community right to buy to enable the acquisition of the tenant’s interest in leases.

The Scottish Land Court Act 1993 is amended with respect to the constitution of and other arrangements for the Land Court.

Schedule 1 makes minor and consequential amendments. Schedule 2 is brought into force to repeal some parts of the 1993 Act.