SCHEDULE 2Transitory, transitional and savings provisions
Period of voluntary registration1
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 Act3 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 Act4 is to be read as if the words in parenthesis were omitted;
n
section 8(6) of the 1993 Act5 is to be read as if the words “or a first registered croft” were omitted;
o
section 8(6A) of the 1993 Act6 is to be read as if the words in parenthesis were omitted;
p
section 9(3) of the 1993 Act7 is to be read as if the words in parenthesis were omitted;
q
section 19D(4) of the 1993 Act8 is to be read as if the words in parenthesis were omitted;
r
section 20(1ZB) of the 1993 Act9 is to be read as if the words in parenthesis were omitted;
s
section 23(3ZB) of the 1993 Act10 is to be read as if the words in the first parenthesis were omitted;
t
section 24(3C) of the 1993 Act11 is to be read as if the words in the first parenthesis were omitted;
u
section 25(4) of the 1993 Act12 is to be read as if the words “subsections (4ZB) and (4ZD)” were “subsection (4ZD)”;
v
section 29A(3) of the 1993 Act13 is to be read as if the words in the first parenthesis were omitted;
w
section 52(5B) of the 1993 Act14 is to be read as if the words in parenthesis were omitted; and
x
section 52(12A) of the 1993 Act15 is to be read as if the words in parenthesis were omitted.
New crofts2
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 date16.
New common grazings3
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 date17.
Duties of certain owner-occupiers of crofts4
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 date18.
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-occupiers5
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 division19.
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 date20.
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 crofts6
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 date21.
Enlargement of crofts7
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 crofts8
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 bequest22.
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 crofts9
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 date23.
Assignation of crofts10
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 date24.
Division of crofts11
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 date25.
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.
Intestacy12
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 transfer26.
Resumption of croft or part of croft by landlord13
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 date27.
Reversion of resumed land14
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 date28.
Vacant crofts15
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 date29.
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 croft16
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 date30.
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 Act17
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 date31.
Putting into effect of reorganisation schemes18
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 date32.
Apportionment of common grazings19
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 date33.