- Latest available (Revised)
- Original (As enacted)
Transfer of Crofting Estates (Scotland) Act 1997
You are here:
- UK Public General Acts
- 1997 c. 26
- Section 5
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
There are currently no known outstanding effects for the Transfer of Crofting Estates (Scotland) Act 1997, Section 5.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
5 Rights of pre-emption.S
(1)Where the Secretary of State disposes of any property under this Act, any right of pre-emption in respect of the property shall, by virtue of this section, be extinguished for all time coming.
(2)Where the Secretary of State has disposed of any property under this Act he shall advertise the disposal in such manner as appears to him to be appropriate.
(3)Where, within four months of the publication of an advertisement under subsection (2), no claim for compensation has been intimated to the Secretary of State by a person who is entitled to exercise a right of pre-emption in respect of the property, no compensation shall be payable in respect of the extinction of the right.
(4)Where a claim for compensation is made within the period of four months the Secretary of State shall notify the claimant that he accepts or rejects the claim; and where the Secretary of State rejects a claim, the claimant may, within a period of six weeks from the date of notification of the rejection, apply to the Scottish Land Court for a determination that the claim is valid.
(5)Where a claim for compensation is accepted by the Secretary of State or held to be valid by the Scottish Land Court the claimant shall be entitled to compensation of such amount—
(a)as may be agreed between him and the Secretary of State; or, failing such agreement,
(b)as may be found to be just by the Scottish Land Court on an application made by the claimant or the Secretary of State.
(6)Subject to subsection (7), the Scottish Land Court shall have jurisdiction to determine all questions arising under this section.
(7)No failure or omission of the Secretary of State or any other person to comply with any provision of this section shall affect the title to any property disposed of by the Secretary of State under this Act.
(8)In this section “right of pre-emption” includes any such right created by any enactment, rule of law or in any document.
Options/Help
Print Options
PrintThe Whole Act
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.