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The Crofting Reform (Scotland) Act 2010 (Commencement No. 3, Transitory, Transitional and Savings Provisions) Order 2012

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Scottish Statutory Instruments

2012 No. 288 (C. 31)

Crofters, Cottars And Small Landholders

The Crofting Reform (Scotland) Act 2010 (Commencement No. 3, Transitory, Transitional and Savings Provisions) Order 2012

Made

29th October 2012

Coming into force

30th October 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 53(2) and 57(2) and (3) of the Crofting Reform (Scotland) Act 2010(1).

In accordance with section 53(4) of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1.  This Order may be cited as the Crofting Reform (Scotland) Act 2010 (Commencement No. 3, Transitory, Transitional and Savings Provisions) Order 2012 and comes into force on 30th October 2012.

2.  In this Order—

“the 2010 Act” means the Crofting Reform (Scotland) Act 2010; and

“the 1993 Act” means the Crofters (Scotland) Act 1993(2).

Commencement – days appointed

3.—(1) Subject to paragraph (2)—

(a)the day appointed for the coming into force of the provisions of the 2010 Act specified in column 1 of Part 1 of Schedule 1 (the subject matter of which is specified in column 2 of that Part) is 30th October 2012;

(b)the day appointed for the coming into force of the provisions of the 2010 Act specified in column 1 of Part 2 of Schedule 1 (the subject matter of which is specified in column 2 of that Part) is 30th November 2012; and

(c)the day appointed for the coming into force of the provisions of the 2010 Act, so far as not already in force, is 30th November 2013.

(2) Where a purpose is specified in column 3 of Schedule 1 in relation to any provision, that provision comes into force in accordance with paragraph (1)(a) or (b) for that purpose only.

Transitory, transitional and savings provisions

4.  Schedule 2 makes transitory, transitional and savings provisions in connection with the provisions of the 2010 Act commenced by this Order.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th October 2012

Article 3

SCHEDULE 1Commencement

PART 1Provisions of the 2010 Act for which the day appointed for the coming into force is 30th October 2012

Column 1

(Provision of the 2010 Act)

Column 2

(Subject matter)

Column 3

(Purpose)

Section 3The Crofting Register
Section 4First registrationFor the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders or regulations
Section 5Registration of events affecting registered croftsFor the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders or regulations
Section 11The registration scheduleFor the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders
Section 12Notification of first registrationFor the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders
Section 19Rules and fees
Section 25Registration of events affecting registered common grazingsFor the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make regulations or orders
Section 28Application of Act to common grazingsFor the purpose of the provisions of schedule 3 specified in column 1 of this Part of the Schedule below
Section 32Lands held runrigFor the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders
Subsection (12) is also commenced for the purpose of the application of sections 11, 12 and 19 of the 2010 Act to land held runrig, but in the case of sections 11 and 12 only for the purpose of enabling the Scottish Ministers to exercise powers conferred by those sections to make orders
Section 52Pre-consolidation modifications of enactments relating to crofting
Schedule 3, paragraph 4Application of section 11 of the 2010 Act to common grazingsFor the purpose of enabling the Scottish Ministers to exercise powers conferred by the paragraph to make orders
Schedule 3, paragraph 5Application of section 12 of the 2010 Act to common grazingsFor the purpose of enabling the Scottish Ministers to exercise powers conferred by the paragraph to make orders
Schedule 3, paragraph 12Application of section 19 of the 2010 Act to common grazings

PART 2Provisions of the 2010 Act for which the day appointed for the coming into force is 30th November 2012

Column 1

(Provisions of the 2010 Act)

Column 2

(Subject matter)

Column 3

(Purpose)

Section 4(2) and (3)First registration: voluntaryFor all remaining purposes
Section 4(10) and (11)Definition of “first registration”, “croft” and “new croft”
Section 5Registration of events affecting registered croftsFor all remaining purposes
Section 6(2)Registration of events affecting registered crofts
Section 7(1) and (3) to (8)Applications for registration
Section 8Acceptance of applications for registration
Section 9Completion of registration
Section 10(1) and (2)Completion of registration: further provision on first registrations
Section 11The registration scheduleFor all remaining purposes
Section 12(1), (2)(a) and (3) to (10)Notification of first registrationFor all remaining purposes
Section 13Power of entry etc. where Commission are applicant
Section 14(1), (2) and (4) to (7)Challenge to first registration
Section 15Resumed and decrofted crofts
Section 16Rectification of the register
Section 17Rectification following first registration
Section 18Indemnity in respect of loss
Section 20Appeals
Section 21(1), (2), (4) and (5)Notification of change to registration schedule
Section 22Meaning of “croft” etc.
Section 24(1)(b), (2) and (3)First registration of common grazings
Section 25Registration of events affecting registered common grazingsFor all remaining purposes
Section 26(1)(b), (3) to (14)Applications for registration: common grazings
Section 28Application of Act to common grazingsFor all remaining purposes
Section 29(4), (5) and (6)Transfer of land containing crofts: offences
Section 30Change of landlord: offences
Section 31Transfer of land on which common grazing is situated: offences
Section 32Lands held runrigFor all remaining purposes
Section 34Duties of certain owner-occupiers of croftsFor the purpose of inserting section 19D(4) and (5) into the 1993 Act
Section 37Enforcement of duties of crofters and certain owner-occupiersFor the purpose of inserting sections 26G(3) and (4), 26J(6) and (10) and 26K(9) into the 1993 Act
Section 39Letting of owner-occupied croftsFor the purpose of inserting section 29A(3) and (8) into the 1993 Act
Section 46Enlargement of croftsFor the purpose of inserting section 4(5) and (6) into the 1993 Act
Section 47Enlargement of common grazingsFor all remaining purposes
Section 49Bequest of croftsFor all remaining purposes
Section 55Minor and consequential amendments and repealsFor the purpose of the provisions of schedule 4 (minor and consequential amendments and repeals) specified in column 1 of this Part of the Schedule below
Schedule 2, Table 2Persons responsible for applications for registration of registered crofts
Schedule 3Application of sections 8 to 21 of the 2010 Act to common grazingsFor all remaining purposes
Schedule 4, paragraph 3(5)(a)Amendment of section 4A of the 1993 ActFor the purpose of inserting section 4A(2B) into the 1993 Act
Schedule 4, paragraphs 3(8)(c) and (d)Amendment of section 8 of the 1993 Act
Schedule 4, paragraph 3(9)(c)Amendment of section 9 of the 1993 Act
Schedule 4, paragraph 3(10)(b)Amendment of section 11 of the 1993 Act
Schedule 4, paragraph 3(11)(a)Amendment of section 20 of the 1993 ActFor the purpose of inserting section 20(1ZB) and (1ZC) into the 1993 Act
Schedule 4, paragraphs 3(11)(b) to (d)Amendment of section 20 of the 1993 Act
Schedule 4, paragraph 3(12)(a)Amendment of section 21A of the 1993 ActFor the purpose of inserting section 21A(1B) and (1C) into the 1993 Act
Schedule 4, paragraph 3(12)(b)Amendment of section 21A of the 1993 Act
Schedule 4, paragraph 3(14)(a)Amendment of section 23 of the 1993 ActFor the purpose of inserting section 23(3ZB) into the 1993 Act
Schedule 4, paragraph 3(14)(d)Amendment of section 23 of the 1993 ActFor the purpose of inserting section 23(5ZE) into the 1993 Act
Schedule 4, paragraph 3(14)(e)Amendment of section 23 of the 1993 ActFor the purpose of inserting section 23(5E) into the 1993 Act
Schedule 4, paragraph 3(15)(c)Amendment of section 24 of the 1993 ActFor the purpose of inserting section 24(3C) into the 1993 Act
Schedule 4, paragraph 3(16)(a)Amendment of section 25 of the 1993 Act
Schedule 4, paragraph 3(16)(b)Amendment of section 25 of the 1993 ActFor the purpose of inserting section 25(4ZC) and (4ZD) into the 1993 Act
Schedule 4, paragraph 3(31)(a) and (b)Amendment of section 52 of the 1993 Act
Schedule 4, paragraph 3(31)(c)Amendment of section 52 of the 1993 ActFor the purpose of inserting section 52(5B) to (5D) into the 1993 Act
Schedule 4, paragraph 3(31)(d) to (h)Amendment of section 52 of the 1993 Act
Schedule 4, paragraph 3(32)(a)Amendment of section 52A of the 1993 Act
Schedule 4, paragraph 3(33)Amendment of section 53 of the 1993 Act
Schedule 4, paragraph 3(36)(c)Amendment of section 61 of the 1993 Act
Schedule 4, paragraph 3(36)(d)Amendment of section 61 of the 1993 ActFor all remaining purposes
Schedule 4, paragraph 3(36)(e)Amendment of section 61 of the 1993 ActFor the purpose of inserting the definition of “first registration” into section 61(1) of the 1993 Act
Schedule 4, paragraph 3(36)(f) and (g)Amendment of section 61 of the 1993 Act
Schedule 4, paragraph 3(36)(j)Amendment of section 61 of the 1993 ActFor all remaining purposes

Article 4

SCHEDULE 2Transitory, transitional and savings provisions

Period of voluntary registration

1.  From 30th November 2012 until 30th November 2013—

(a)section 4(11) of the 2010 Act is to be read as if—

(i)paragraph (a)(ii) of the definition of “croft” was omitted; and

(ii)the definition of “new croft” was omitted;

(b)section 7(3) of the 2010 Act is to be read as if—

(i)the words in parenthesis in paragraph (a) were omitted; and

(ii)the words “to section 3AA of the 1993 Act and” were omitted;

(c)section 8(5) of the 2010 Act is to be read as if the words in parenthesis were omitted;

(d)section 9(2)(b) of the 2010 Act is to be read as if the words in parenthesis were omitted;

(e)section 9(4) of the 2010 Act is to be read as if the words in parenthesis were omitted;

(f)section 10(1) of the 2010 Act is to be read as if the words in parenthesis were omitted;

(g)section 12(8) of the 2010 Act is to be read as if the words in parenthesis were omitted;

(h)section 17(1) of the 2010 Act is to be read as if the words in the first parenthesis were omitted;

(i)section 24(1)(b) of the 2010 Act is to be read as if the words “, in any other case,” were omitted;

(j)section 26(4) of the 2010 Act is to be read as if the words “to section 51B of the 1993 Act and” were omitted;

(k)section 4(5) of the 1993 Act(3) is to be read as if the words “or a first registered croft” were omitted;

(l)section 4(6) of the 1993 Act is to be read as if the words in parenthesis were omitted;

(m)section 4A(2B) of the 1993 Act(4) is to be read as if the words in parenthesis were omitted;

(n)section 8(6) of the 1993 Act(5) is to be read as if the words “or a first registered croft” were omitted;

(o)section 8(6A) of the 1993 Act(6) is to be read as if the words in parenthesis were omitted;

(p)section 9(3) of the 1993 Act(7) is to be read as if the words in parenthesis were omitted;

(q)section 19D(4) of the 1993 Act(8) is to be read as if the words in parenthesis were omitted;

(r)section 20(1ZB) of the 1993 Act(9) is to be read as if the words in parenthesis were omitted;

(s)section 23(3ZB) of the 1993 Act(10) is to be read as if the words in the first parenthesis were omitted;

(t)section 24(3C) of the 1993 Act(11) is to be read as if the words in the first parenthesis were omitted;

(u)section 25(4) of the 1993 Act(12) is to be read as if the words “subsections (4ZB) and (4ZD)” were “subsection (4ZD)”;

(v)section 29A(3) of the 1993 Act(13) is to be read as if the words in the first parenthesis were omitted;

(w)section 52(5B) of the 1993 Act(14) is to be read as if the words in parenthesis were omitted; and

(x)section 52(12A) of the 1993 Act(15) is to be read as if the words in parenthesis were omitted.

New crofts

2.  The coming into force of sections 4(1) (for all remaining purposes) and 23 of the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to a new croft where the application to the Commission to exercise their power under section 3A(1) or, as the case may be, (2), of the 1993 Act to constitute land, or as the case may be, a holding, as a croft, was made before that date(16).

New common grazings

3.  The coming into force of sections 24(1)(a) and 27 of the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to a new common grazing where the application to the Commission to exercise their power under section 51A(1) of the 1993 Act to constitute the land as a common grazing was made before that date(17).

Duties of certain owner-occupiers of crofts

4.—(1) The coming into force of section 34 of the 2010 Act for the purpose of inserting section 19D(3) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered owner-occupied croft where the application under section 19D(2) of the 1993 Act for consent to divide the croft was made before that date(18).

(2) The coming into force of section 34 of the 2010 Act for the purpose of inserting section 19D(5) into the 1993 Act on 30th November 2012 by virtue of article 3(1)(b) has no effect in relation to a new croft created by the division of an unregistered owner-occupier croft where the application under section 19D(2) of the 1993 Act for consent to divide the croft is made before 30th November 2013.

Enforcement of duties of crofters and certain owner-occupiers

5.—(1) Where an unregistered croft or owner-occupied croft is divided by the Commission before 30th November 2013, section 26G(3)(a) of the 1993 Act is to be read as if the reference to the date of registration in consequence of an application under section 4 of the 2010 Act were a reference to the date on which the Commission enters in the Register of Crofts in accordance with section 41 of the 1993 Act any information to be entered in that register as regards the division(19).

(2) The coming into force of section 37 of the 2010 Act for the purpose of inserting section 26G(4) into the 1993 Act on 30th November 2012 by virtue of article 3(1)(b) has no effect in relation to a new croft created by the division of an unregistered croft or owner-occupied croft by the Commission before 30th November 2013.

(3) The coming into force of section 37 of the 2010 Act for the purpose of inserting section 26J(5) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to the letting of an unregistered owner-occupier croft in accordance with proposals submitted under section 26J(1) of the 1993 Act where the letting occurred before that date(20).

(4) The coming into force of section 37 of the 2010 Act for the purpose of inserting section 26J(9) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to the letting of an unregistered owner-occupier croft pursuant to a decision under section 26J(8) of the 1993 Act where the letting occurred before that date.

Letting of owner-occupied crofts

6.  The coming into force of section 39 of the 2010 Act for the purpose of inserting section 29A(2) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered owner-occupier croft (or any part of it) where the application under section 29A(1) of the 1993 Act for the consent of the Commission was made before that date(21).

Enlargement of crofts

7.  The coming into force of section 46 of the 2010 Act for the purpose of inserting section 4(3) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 4(2) of the 1993 Act for a direction enlarging the croft under section 4(4) was made before that date.

Bequests of crofts

8.—(1) Where notice of a bequest mentioned in section 10(1)(a) of the 1993 Act of an unregistered croft is given in accordance with section 10(2) or (2A) of the 1993 Act before 30th November 2013, section 10(7) of the 1993 Act is to be read as if the reference to the date of registration in relation to the application for registration of the croft by virtue of section 4(4)(e) of the 2010 Act were a reference to the date of entry by the Commission in the Register of Crofts in accordance with section 41 of the 1993 Act of any information to be entered in that register as regards the receipt of the notice of the bequest(22).

(2) Where an application for consent to divide an unregistered croft under section 9 of the 1993 Act is made in pursuance of section 10(4A) of the 1993 Act before 30th November 2013, paragraph (a) of the definition of “relevant date” in section 10(8) is to be read as if the reference to the date the Keeper receives notification of the Commission’s consent to divide the croft by virtue of section 10(7) of the 2010 Act were a reference to the date of entry by the Commission in the Register of Crofts in accordance with section 41 of the 1993 Act of any information to be entered in that register as regards the division.

Exchange of crofts or parts of crofts

9.  The coming into force of paragraph 3(5)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 4A(2A) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or any part of such a croft) where the application under section 4A(1) of the 1993 Act for the consent of the Commission to exchange the croft (or any part of the croft) was made before that date(23).

Assignation of crofts

10.  The coming into force of paragraph 3(8)(a) (for all remaining purposes) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 8(1) of the 1993 Act for consent to assign the croft was made before that date(24).

Division of crofts

11.—(1) The coming into force of paragraph 3(9)(a) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 9(1) of the 1993 Act for consent to divide the croft was made before that date(25).

(2) The coming into force of paragraph 3(9)(c) of schedule 4 to the 2010 Act on 30th November 2012 by virtue of article 3(1)(b) has no effect in relation to an unregistered croft where the application under section 9(1) of the 1993 Act for consent to divide the croft is made before 30th November 2013.

Intestacy

12.  Where notice of a transfer such as is mentioned in section 11(1) of the 1993 Act of an unregistered croft is given before 30th November 2013, section 11(1A) of the 1993 Act is to be read as if the reference to the transfer taking effect in relation to an application for registration of the giving of notice under subsection (1) by virtue of section 4 of the 2010 Act on the date of registration were a reference to the transfer taking effect on the date of the entry by the Commission in the Register of Crofts in accordance with section 41 of the 1993 Act of any information to be entered in that register as regards the transfer(26).

Resumption of croft or part of croft by landlord

13.  The coming into force of paragraph 3(11)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 20(1ZA) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or any part of such a croft) where the application under section 20(1) of the 1993 Act to resume the croft was made before that date(27).

Reversion of resumed land

14.  The coming into force of paragraph 3(12)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 21A(1A) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or part of such a croft) where the order under section 21A(1) of the 1993 Act for reversion was made before that date(28).

Vacant crofts

15.—(1) The coming into force of paragraph 3(14)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 23(3ZA) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or any part of such a croft) where the application under section 23(3) of the 1993 Act for the approval of the Commission was made before that date(29).

(2) The coming into force of paragraph 3(14)(d) of schedule 4 to the 2010 Act for the purpose of inserting section 23(5ZD) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the letting in accordance with proposals submitted under section 23(5) of the 1993 Act occurred before that date.

(3) The coming into force of paragraph 3(14)(e) of schedule 4 to the 2010 Act for the purpose of inserting section 23(5D) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the letting pursuant to the determination under section 23(5C) of the 1993 Act occurred before that date.

Decrofting in case of resumption or vacancy of croft

16.—(1) The coming into force of paragraph 3(15)(b) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the notice under section 24(2) of the 1993 Act requiring the making of a decrofting direction was given before that date(30).

(2) The coming into force of paragraph 3(15)(c) of schedule 4 to the 2010 Act for the purpose of inserting section 24(3B) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 24(3) of the 1993 Act for a decrofting direction was given before that date.

Provisions supplementary to section 24(3) of the 1993 Act

17.  The coming into force of paragraph 3(16)(b) of schedule 4 to the 2010 Act for the purpose of inserting section 25(4ZA) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 25(4) of the 1993 Act for a decrofting direction was given before that date(31).

Putting into effect of reorganisation schemes

18.  The coming into force of paragraph 3(23)(c) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to a reorganisation scheme in relation to which the Commission has appointed a date under section 39(2) of the 1993 Act before that date(32).

Apportionment of common grazings

19.  The coming into force of paragraph 3(31)(c) of schedule 4 to the 2010 Act for the purpose of inserting section 52(5A) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 52(4) of the 1993 Act for the apportionment of a part of a common grazing was made before that date(33).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force all of the provisions of the Crofting Reform (Scotland) Act 2010 (“the 2010 Act”) which are not currently in force.

Article 3(1)(a) and Part 1 of Schedule 1 appoint 30th October 2012 for the coming into force of certain provisions concerning the new Crofting Register. These concern the establishment of the Register itself and the making of subordinate legislation in connection with registration in that Register. In addition, section 52 of the 2010 Act, which gives the Scottish Ministers power to make an order making pre-consolidation modifications of enactments relating to crofting, also comes into force on this date.

Article 3(1)(b) and Part 2 of Schedule 1 appoint 30th November 2012 for the coming into force of certain provisions concerning registration in the new Register. These concern permitting first registration and requiring the registration of subsequent events in connection with existing registrations.

Article 3(1)(c) appoints 30th November 2013 for the coming into force of the remaining provisions of the 2010 Act. These provisions relate to imposing requirements to register in certain circumstances.

Article 4 and Schedule 2 make transitional, transitory and savings provision in connection with the provisions commenced by article 3.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Crofting Reform (Scotland) Act 2010 have been brought into force by earlier commencement orders:

Provision

Day appointed

S.S.I. No.

Section 1(1), (2) and (4)1st April 20122011/334
Section 1(3) (partially)1st October 20112011/334
Section 1(3) (for all remaining purposes)1st April 20122011/334
Section 2(1)1st October 20112011/334
Section 2(2) (partially)1st October 20112011/334
Section 2(2) (for all remaining purposes)1st April 20122011/334
Section 331st October 20112011/334
Section 34 (partially)22nd December 20102010/437
Section 34 (partially)1st October 20112011/334
Section 351st October 20112011/334
Section 361st April 20122011/334
Section 37 (partially)1st October 20112011/334
Section 381st April 20122011/334
Section 39 (partially)22nd December 20102010/437
Section 39 (partially)1st October 20112011/334
Sections 40 and 411st July 20112010/437
Sections 42, 43, 44 and 451st October 20112011/334
Section 46 (partially)1st October 20112011/334
Section 47 (partially)1st October 20112011/334
Section 48 (partially)1st October 20112011/334
Section 48 (for all remaining purposes)1st April 20122011/334
Section 49 (partially)1st October 20112011/334
Section 50(1)1st February 20112010/437
Section 50(2)1st October 20112011/334
Section 5122nd December 20102010/437
Section 55 (partially)22nd December 20102010/437
Section 55 (partially)1st October 20112011/334
Section 55 (partially)1st April 20122011/334
Section 5622nd December 20102010/437
Schedule 1 (partially)1st October 20112011/334
Schedule 1 (for all remaining purposes)1st April 20122011/334
Schedule 4 (partially)22nd December 20102010/437
Schedule 4 (partially)1st October 20112011/334
Schedule 4 (partially)1st April 20122011/334
(1)

2010 asp 14. The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Order is subject to the affirmative procedure by virtue of section 33(3) of that Act.

(2)

1993 c.44, amended by the Crofting Reform etc. Act 2007 (asp 7) and the Crofting Reform (Scotland) Act 2010 (asp 14).

(3)

Section 4 was substituted by section 46 of the 2010 Act.

(4)

Section 4A(2B) was inserted by paragraph 3(5)(a) of schedule 4 to the 2010 Act.

(5)

Section 8(6) was amended by section 12(d) of the Crofting Reform etc. Act 2007 (asp 7) and by paragraph 3(8)(c) of schedule 4 to the 2010 Act.

(6)

Section 8(6A) was inserted by paragraph 3(8)(d) of schedule 4 to the 2010 Act.

(7)

Section 9(3) was substituted by paragraph 3(9)(c) of schedule 4 to the 2010 Act.

(8)

Section 19D(4) was inserted by section 34 of the 2010 Act.

(9)

Section 20(1ZB) was inserted by paragraph 3(11)(c) of schedule 4 to the 2010 Act.

(10)

Section 23(3ZB) was inserted by paragraph 3(14)(a) of schedule 4 to the 2010 Act.

(11)

Section 24(3C) was inserted by paragraph 3(15)(c) of schedule 4 to the 2010 Act.

(12)

Section 25(4) was amended by paragraph 3(16)(a) of schedule 4 to the 2010 Act.

(13)

Section 29A(3) was inserted by section 39 of the 2010 Act.

(14)

Section 52(5B) was inserted by paragraph 3(31)(c) of schedule 4 to the 2010 Act.

(15)

Section 52(12A) was inserted by paragraph 3(31)(g) of schedule 4 to the 2010 Act.

(16)

Section 3A was inserted by section 6 of the Crofting Reform etc. Act 2007 and amended by section 23 of the 2010 Act.

(17)

Section 51A was inserted by section 27 of the Crofting Reform etc. Act 2007 and amended by section 27 of the 2010 Act.

(18)

Section 19D was inserted by section 34 of the 2010 Act.

(19)

Section 26G was inserted by section 37 of the 2010 Act. Section 41 was amended by section 5 of and paragraph 2(9) of schedule 1 to the Crofting Reform etc. Act 2007 and by paragraph 3(25) of schedule 4 to the 2010 Act.

(20)

Section 26J was inserted by section 37 of the 2010 Act.

(21)

section 29A was inserted by section 39 of the 2010 Act.

(22)

Section 10 was amended by section 13 of the Crofting Reform etc. Act 2007 and section 29 of the 2010 Act.

(23)

Section 4A was inserted by section 9 of the Crofting Reform etc. Act 2007 and amended by paragraph 3(5) of schedule 4 to the 2010 Act.

(24)

Section 8 was amended by section 12 of the Crofting Reform etc. Act 2007 and paragraph 3(8) of schedule 4 to the 2010 Act.

(25)

Section 9 was substituted by section 10 of the Crofting Reform etc. Act 2007 and amended by paragraph 3(9) of schedule 4 to the 2010 Act.

(26)

Section 11 was amended by section 17 of the Crofting Reform etc. Act 2007 and section 44(1) and (2) of and paragraph 3(10) of schedule 4 to the 2010 Act.

(27)

Section 20 was amended by section 22(1) of the Crofting Reform etc. Act 2007 and paragraph 3(11) of schedule 4 to the 2010 Act.

(28)

Section 21A was inserted by section 22(3) of the Crofting Reform etc. Act 2007 and amended by paragraph 3(12) of schedule 4 to the 2010 Act.

(29)

Section 23 was amended by section 24 of the Crofting Reform etc. Act 2007 and section 44(3) to (6) of and paragraph 3(14) of schedule 4 to the 2010 Act.

(30)

Section 24 was amended by section 23(a) of and paragraph 2(6) of schedule 1 to the Crofting Reform etc. Act 2007 and section 45 and paragraph 3(15) of schedule 4 to the 2010 Act.

(31)

Section 25 was amended by section 23(b) of and paragraph 2(7) of schedule 1 to the Crofting Reform etc. Act 2007 and section 43 of and paragraph 3(16) of schedule 4 to the 2010 Act.

(32)

Section 39 was amended by section 20(4) of the Crofting Reform etc. Act 2007 and paragraph 3(23) of schedule 4 to the 2010 Act.

(33)

Section 52 was amended by sections 28 and 29 of and paragraph 2(17) to schedule 1 to the Crofting Reform etc. Act 2007 and paragraph 3(31) of schedule 4 to the 2010 Act.

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