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SCHEDULES

SCHEDULE 2Minor and Consequential Amendments

The [1961 c. 58.] Crofters (Scotland) Act 1961

17In section 2 (new crofts, enlarged crofts and common grazings)— ,

(a)subsection (1), and in subsection (5) the words from the beginning to " section, and " shall cease to have effect;

(b)in subsections (2)(a) and (b) and (3) for the words "and this Act" there shall be substituted the words " this Act and the Crofting Reform (Scotland) Act 1976 ";

(c)in subsection (2)(b)—

(i)for the words "seventy-five acres" and "fifty pounds " there shall be substituted respectively the words " 30 hectares " and " £100 ",

(ii)for the words " Secretary of State ", " him " and " he makes " there shall be substituted respectively the words " Commission " , " them " and " they make " ;

(d)after subsection (2) there shall be inserted the following subsection—

(2A)The Commission shall make a direction under subsection (2) above only if they are satisfied that such a direction—

(a)would be of benefit to the croft; and

(b)would not result in the croft as enlarged by the land referred to in that subsection being substantially larger than 30 hectares or capable of being let as a croft at an annual rent substantially in excess of £100.

18At the end of section 3(2) (Commission to maintain register of crofts), there shall be added the following proviso—

Provided that the Commission shall not be required under this subsection to send a copy of any new entry or of any entry altered by them or to intimate the omission of any entry to any person who has to any extent assisted the Commission in the performance of their duties of inserting or, as the case may be, altering or omitting an entry by the furnishing of information to them..

19In section 4 (determination of questions by Land Court), in subsections (1) and (2), after the words " or this Act " and " and this Act" wherever they occur there shall be inserted respectively the words " or the Crofting Reform (Scotland) Act 1976 " and " and the Crofting Reform (Scotland) Act 1976 ".

20In section 12(1(3)(c) (subletting of crofts hot adequately used), for the words " one acre " there shall be substituted the words " one half hectare ".

21In section 13 (subleases of crofts), in the proviso to subsection (3) after the words " one month " where they first occur there shall be inserted the words " or such longer period not exceeding three months as the Commission may in all the circumstances think reason-able ",

and after the words " one month " where they subsequently occur there shall be inserted the words " or the said longer period ".

22In section 14(1) (amendment of powers of Secretary of State with respect to giving of financial assistance in crofting counties)—

(a)in paragraph (b), for the words " seventy-five acres" and " fifty pounds " there shall be substituted respectively the words " 30 hectares " and " £100 " ;

(b)after paragraph (b) there shall be inserted the following paragraph—

(bb)for occupiers of holdings, other than crofts situated in the crofting counties which exceed 30 hectares (exclusive of any common pasture or grazing held therewith) and of which the annual rent if they were crofts so let would in the opinion of the Secretary of State exceed £100, but which in the opinion of the Secretary of State are not substantially larger than 30 hectares (exclusive of any common pasture or grazing held therewith) or are capable of being so let at an annual rent not substantially in excess of £100, being occupiers who in the opinion of the Secretary of State are of substantially the same economic status as a crofter; and.

23In section 15 (amendment of law with respect to common grazings)—

(a)in subsection (2)—

(i)for the words " paragraph (b) of the said subsection " there shall be substituted the words " such of the crofters referred to in paragraph (b) of that subsection as are liable to pay any expenses in accordance with a proposed allocation of expenditure referred to in subsection (1A) of section 25 of that Act or, as the case may be, such a proposed allocation as approved or modified by the (Commission under that subsection ";

(ii)for the words from " discharge " to the end there shall be substituted the words " performance of the duties imposed on them by paragraphs (a) and (b) respectively of section 25(1) of that Act. ";

(b)in subsection (6) for the words " and of this Act" and "either" there shall be substituted respectively the words " this Act and the Crofting Reform (Scotland) Act 1976 " and " any ".