(1) The Land Court may, on the application of any relevant person and on being satisfied that the conditions specified in subsection (2) below are met, make an order that land resumed by virtue of section 20(1) of this Act shall revert to being a croft (or to being part of a croft).
(1A) In relation to land which, before being resumed as mentioned in subsection (1), was an unregistered croft (or part of such a croft), an order under that subsection does not take effect until the croft is registered by virtue of section 4 of the 2010 Act.
(1B) In relation to land which, before being resumed as mentioned in subsection (1), was a registered croft (or part of such a croft)—
(a) an order under that subsection expires at the end of the period of 3 months beginning with the date on which the order was made unless an application for registration of the making of the order is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the order takes effect on the date of registration.
(1C) In its application to a registered common grazing, subsection (1B) is to construed as if the reference in paragraph (a) to section 5 of the 2010 Act were a reference to section 25 of that Act.
(2) The conditions are—
(a) no debt is for the time being secured by way of a standard security over, or over any real right in, the land or any part of it;
(b) except in the case of a temporary resumption, not less than 5 nor more than 20 years have elapsed since the resumption of the croft was authorised;
(c) the purpose for which the landlord desired to resume the croft has not been carried out;
(d) no planning permission relating to a change of the use of the land subsists;
(e) the land remains suitable for use by crofters for cultivation; and
(f) the land is owned by the person who was authorised to resume the croft.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where land reverts by virtue of subsection (1) above, the Land Court may make such order (if any) as it thinks fit as to the repayment, in whole or in part, of any sum awarded as compensation under section 20(1), or any share in value paid by virtue of section 21(1), of this Act.
(5) Where land which reverts by virtue of subsection (1) above or under section 20(1B) of this Act comprises a common grazing, the Land Court may make such order as it thinks fit as to shares in the common grazing.
(6) “Relevant person”in subsection (1) above means the Commission, the landlord, the person who surrendered the land or, where the land comprises a common grazing, the owner or the grazings committee.
(1) A crofter or an owner-occupier crofter may apply to the Commission for consent to be ordinarily resident other than on, or within 32 kilometres of, the croft or, as the case may be, the owner-occupied croft.
(2) Where an application under subsection (1) is made by a crofter, the crofter must send a copy of the application to the landlord of the croft.
(3) The Commission may grant consent only if they consider that there is a good reason for the person not to be ordinarily resident on, or within 32 kilometres of, the croft or, as the case may be, the owner-occupied croft.
(4) The Commission may grant consent subject to such conditions as they consider it appropriate to impose which may, in particular, relate to the duration of absence.
(5) The Commission must make their decision on an application under subsection (1) before the expiry of the period of 28 days beginning with the date on which the application is made.
(6) The Commission must notify—
(a) the applicant; and
(b) if the applicant is a crofter, the landlord of the croft,
of their decision and the reasons for making it.
(1) Where the Commission have granted consent under section 21B subject to a condition as to the duration of absence, the applicant may, before the expiry of the period for which consent has been granted, apply to the Commission to extend the duration of the consent.
(2) Subsections (2) to (6) of section 21B apply to an application under subsection (1) of this section as they apply to an application under section 21B(1).
(1) Where the Commission have granted consent under section 21B subject to a condition (other than a condition as to the duration of absence), the applicant may, before the expiry of the period for which consent has been granted, apply to the Commission to vary the condition.
(2) Subsections (2) to (6) of section 21B apply to an application under subsection (1) of this section as they apply to an application under section 21B(1).
(1) Where—
(a) the landlord of a croft receives from the crofter a notice of renunciation of his tenancy or obtains from the Land Court an order for the removal of the crofter; or
(b) the landlord of the croft either gives to the executor of a deceased crofter, or receives from such an executor, notice terminating the tenancy of the croft in pursuance of section 16(3) of the 1964 Act; or
(c) for any other reason the croft has become vacant otherwise than by virtue of a declaration by the Commission in the exercise of any power conferred on them by this Act;
the landlord shall within one month from—
(i) the receipt of the notice of renunciation of the tenancy, or
(ii) the date on which the Land Court made the order, or
(iii) the date on which the landlord gave or received notice terminating the tenancy, or
(iv) the date on which the vacancy came to the landlord’s knowledge,
as the case may be, give notice thereof to the Commission.
(2) Any person who, being the landlord of a croft, fails to comply with the requirements of subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 1 on the standard scale.
(3) The landlord of a croft shall not, without the approval of the Commission, let the croft or any part of it to any person; and any letting of the croft otherwise than with such approval shall be null and void.
(3ZA) Where approval is applied for under subsection (3) in relation to an unregistered croft (or any part of such a croft), the Commission—
(a) may not grant that approval unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for approval was made;
(b) need not, during that 6 month period, consider the application for approval until an application for first registration of the croft is submitted.
(3ZB) In relation to a registered croft, or any part of such a croft, (other than a first registered croft)—
(a) any approval under subsection (3) expires at the end of the period of 3 months beginning with the date on which such approval was granted unless an application for registration of the letting of the croft (or part of the croft) is made by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the letting of the croft (or part of the croft) takes effect on the date of registration.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where any person is in occupation of a croft under a letting which is null and void by virtue of subsection (3) above , subsection (5ZD) or subsection (5D), the Commission may serve on him a notice in writing requiring him to give up his occupation of such croft on or before such day as may be specified in the notice, being a day not less than one month from the date of the service of the notice; and if he fails to give up his occupation of the croft on or before that day, subsections (5) and (6) of section 26H of this Act shall, subject to any necessary modifications, apply as they apply where a crofter fails to give up the occupation of a croft as mentioned in subsection (5) of that section .
(5) Subject to subsection (5A) below, where a croft is vacant the Commission may, at any time after the expiry of one month from the occurrence of the vacancy, give notice to the landlord requiring him to submit to them , before the expiry of the period of 2 months beginning with the day on which the notice is given, his proposals for re-letting the croft, whether as a separate croft or as an enlargement of another croft....
(5ZA) No more than three proposals may be submitted to the Commission in response to a notice given under subsection (5).
(5ZB) Where a proposal for letting the croft is submitted to the Commission in response to a notice given under subsection (5), they must approve or reject the proposal—
(a) in a case where the croft is declared vacant under section 11(8), within the period of 5 months beginning with the day on which the notice under section 11(8)(a) is given; or
(b) in any other case, within the period of 3 months beginning with the day on which the notice under subsection (5) was given.
(5ZC) The Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (5B) and (5C) if—
(a) no proposals for letting the croft are submitted by the landlord before the expiry of the period of 2 months mentioned in subsection (5);
(b) the landlord has submitted one or two proposals for letting the croft within the period of 2 months mentioned in subsection (5) and—
(i) all such proposals are rejected by the Commission; and
(ii) the period of 2 months mentioned in subsection (5) has expired; or
(c) the landlord has submitted three proposals for letting the croft (within the period of 2 months mentioned in subsection (5)) and the Commission have rejected all three.
(5ZD) Any re-letting of an unregistered croft in accordance with proposals submitted under subsection (5) is null and void unless an application for first registration of the croft is submitted before the expiry of the period of 3 months beginning with the date of the re-letting.
(5ZE) In relation to a registered croft—
(a) any approval under subsection (5ZB) of proposals to re-let the croft under subsection (5) expires at the end of the period of 3 months beginning with the date on which such approval was given unless an application for registration of the re-letting of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the re-letting of the croft takes effect on the date of registration.
(5A) Where a croft is declared vacant under section 11(8), the Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (5B) and (5C) if—
(a) no proposals for letting the croft are submitted by the landlord before the expiry of the period of 4 months mentioned in section 11(8)(a);
(b) the landlord has submitted one or two proposals for letting the croft within the period of 4 months mentioned in section 11(8)(a) and—
(i) all such proposals are rejected by the Commission; and
(ii) the period of 4 months mentioned in section 11(8)(a) has expired; or
(c) the landlord has submitted three proposals for letting the croft (within the period of 4 months mentioned in section 11(8)(a)) and the Commission have rejected all three.
(5B) The Commission shall, by public notification, invite applications for tenancy of the croft within such period as shall be specified in the notification.
(5C) When that period has elapsed, the Commission shall determine—
(a) to which of the applicants (if any) to let the croft; and
(b) in consultation with the landlord, on what terms and conditions.
(5D) Any letting of an unregistered croft pursuant to a determination under subsection (5C) is null and void unless an application for first registration of the croft is submitted before the expiry of the period of 3 months beginning with the date of the letting.
(5E) In relation to a registered croft—
(a) any determination under subsection (5C) to let the croft to an applicant is, at the end of the period of 3 months beginning with the date on which the determination was made, to be treated as if it had not been made unless an application for registration of the re-letting of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the letting of the croft takes effect on the date of registration.
(6) Where a croft has been let on terms and conditions fixed by the Commission, the landlord may within 28 days from the date of the letting apply to the Land Court for a variation of the terms and conditions so fixed, and any variation made in pursuance of such application shall have effect as from the date of the letting.
(7) Where the Commission have under subsection (5) above let a vacant croft as an enlargement of another croft, and any of the buildings on the vacant croft thereby cease to be required in connection with the occupation of the croft, the Commission shall give notice to that effect to the landlord, and thereupon—
(a) the buildings shall cease to form part of the croft; and
(b) the landlord may, at any time within 6 months after the giving of such notice, give notice to the Secretary of State requiring him to purchase the buildings.
(8) If the landlord, within one month after the Commission issue a direction under section 24(2) of this Act that a croft shall cease to be a croft, gives notice to the Secretary of State requiring him to purchase the buildings on the croft, the Secretary of State shall purchase such buildings.
(9) Where a notice has been duly given under subsection (7)(b) or (8) above, the Secretary of State shall be deemed to be authorised to purchase the buildings compulsorily and to have served notice to treat in respect thereof on the date on which the notice aforesaid was given:
Provided that the consideration payable by the Secretary of State in respect of the purchase of the buildings shall be such sum as may be agreed by the Secretary of State and the landlord, or, failing agreement, as may be determined by the Land Court to be equal to the amount which an out-going tenant who had erected or paid for the erection of the buildings would have been entitled to receive from the landlord by way of compensation for permanent improvements in respect of the buildings as at the date on which notice was given as aforesaid to the Secretary of State requiring him to purchase the buildings.
(10) For the purposes of this section and sections 24 and 25 of this Act, a croft shall be taken to be vacant notwithstanding that it is occupied, if it is occupied otherwise than by—
(a) the tenant of the croft;
(b) the owner-occupier crofter of the croft;
(c) the subtenant of a sublet to which section 27 applies; or
(d) the tenant of a let to which section 29A applies.
(11) The provisions of this section and sections 24 , 24A to 24D and 25 of this Act shall have effect in relation to a part of a croft as they have effect in relation to a croft.
(12) Subject to subsection (12A), This section and section 24 of this Act shall have effect as if—
(a) a person who has become the owner-occupier of a croft were required under subsection (1) above within one month of the date on which he became such owner-occupier to give notice thereof to the Commission; and
(b) any reference in this section and section 24 of this Act, other than in subsection (1) above, to a landlord included a reference to an owner-occupier.
(12A) Where the owner-occupier is an owner-occupier crofter, this section has effect as if—
(a) the owner-occupier crofter were required under subsection (1) of this section, within one month of becoming such an owner-occupier crofter, to give notice to the Commission of that fact; and
(b) the reference to a landlord in subsection (2)... included a reference to an owner-occupier crofter.
24 Decrofting in case of resumption or vacancy of croft.
(1) This Act shall cease to apply to any land on its being resumed in pursuance of an order authorising its resumption made under section 20 of this Act by the Land Court, without prejudice, however, to the subsequent exercise of any powers conferred by this Act for the enlargement of existing crofts and to sections 3A and 21A of this Act .
(2) Where a croft has, in consequence of the making of an order under section 26H(1) of this Act, become vacant and has remained unlet for a period of 6 months beginning with the date on which the croft so became vacant, the Commission shall, if the landlord at any time within 3 months after the expiry of the period aforesaid, gives notice to the Commission requiring them to do so,
(a) forthwith or on the refusal of an application made under paragraph (b) below; or
(b) at the end of such further period as the Land Court, on the application of the Commission, may allow,
direct that the croft shall cease to be a croft.
(2ZA) But the Commission may not make a direction in accordance with subsection (2) in relation to an unregistered croft—
(a) unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which notice under that subsection is given; and
(b) until such an application is submitted.
(2A) Where a further period is allowed by virtue of subsection (2)(b) above, the Commission shall be liable to the landlord for an amount equal to the rent which would have been payable for the croft in respect of that period.
(3) Where a croft is vacant, the Commission may, on the application of the landlord, direct that the croft shall cease to be a croft or refuse to grant the application; and if the Commission direct under this subsection or under subsection (2) above that a croft shall cease to be a croft then, subject to subsection (4) below, this Act shall cease to apply to the croft, without prejudice, however, to the subsequent exercise of any powers conferred by this Act or any other enactment for the enlargement of existing crofts.
(3A) The Commission need not consider any application made by the landlord under subsection (3) if—
(a) they have given notice, under section 11(8)(a) or 23(5), requiring the landlord to submit proposals for re-letting the croft and the period mentioned in section 11(8)(a) or, as the case may be, 23(5) within which such proposals must be submitted has not expired; or
(b) no such proposals having been submitted before the expiry of that period or, such proposals having been submitted, no such proposal having been approved, they are proceeding in accordance with subsections (5B) and (5C) of section 23.
(3B) Where a direction is applied for under subsection (3) in relation to an unregistered croft, the Commission—
(a) may not make such a direction unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for the direction is made;
(b) need not, during that 6 month period, consider the application for the direction until an application for first registration of the croft is submitted.
(3C) In relation to a registered croft (other than a first registered croft)—
(a) a direction under subsection (2) or (3) (other than one under subsection (3) given by virtue of section 25(4) of this Act) expires at the end of the period of 3 months beginning with the date on which the direction was made unless an application for registration of the making of the direction is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the direction takes effect on the date of registration.
(4) The coming into effect of a direction given by the Commission by virtue of section 25(4) of this Act shall not affect the powers contained in the proviso to section 29(3) of this Act.
24A Applications to decroft by owner-occupier crofters
(1) An owner-occupier crofter may apply to the Commission for a decrofting direction.
(2) In this section and in sections 24B to 24D, a “decrofting direction” is a direction that the owner-occupier's croft is to cease to be a croft.
24B Commission's powers in relation to applications under section 24A
(1) The Commission may, on an application under section 24A(1), give a decrofting direction or refuse to grant the application.
(2) But the Commission need not consider the application if—
(a) they have given the owner-occupier crofter a direction under section 26J(1) requiring the owner-occupier crofter to submit proposals for letting the owner-occupier's croft and the period within which such proposals must be submitted has not expired, or
(b) no such proposals having been submitted before the expiry of that period or, such proposals having been submitted, no such proposal having been approved, they are proceeding in accordance with subsections (7) and (8) of section 26J.
(3) And, where the application relates to an unregistered croft, the Commission—
(a) may not give a decrofting direction unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for the direction is made,
(b) need not, during that 6 month period, consider the application for the direction until an application for first registration of the croft is submitted.
24C Application of section 25 in relation to decrofting directions
(1) Section 25 applies in relation to an application under section 24A(1) by an owner-occupier crofter for a decrofting direction, and to such a direction, as it applies in relation to an application under section 24(3) by a landlord of a vacant croft, and to a direction under section 24(3), subject to the modifications mentioned in subsections (2) to (4).
(2) In subsection (1), for paragraph (b) substitute—
(b) in a case where—
(i) the application is made in respect of a part of a croft, which consists only of the site of the dwelling-house on or pertaining to the croft, and
(ii) they have not previously given a direction under section 24B(1) to the applicant in relation to such a site on or pertaining to that croft,
they are satisfied that the extent of garden ground included in that part is appropriate for the reasonable enjoyment of the dwelling-house as a residence;
.
(3) In subsection (3), for the words from “land in respect” to the end substitute “ direction under section 24B(1) is revoked ”.
(4) The following provisions of, or words in, section 25 do not apply—
(a) subsection (1)(c),
(b) in subsection (2), the words “or (c)”,
(c) subsection (4),
(d) subsections (4ZA) to (4ZD),
(e) subsection (4A),
(f) in subsection (6)—
(i) the words “or subsection (4)”,
(ii) the words “or only of land the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act”,
(g) in subsection (7), the words “or subsection (4)”,
(h) subsection (8)(a)(ii).
(1) Where a decrofting direction is given in relation to a croft, this Act ceases to apply to the croft.
(2) But subsection (1) does not affect the subsequent exercise of any powers conferred by this Act or any other enactment for the enlargement of existing crofts.
(3) Where the croft to which the decrofting direction relates is a registered croft (other than a first registered croft)—
(a) the direction expires at the end of the period of 3 months beginning with the date on which the direction was given unless an application for registration of the giving of the direction is submitted by virtue of section 5 of the 2010 Act before the expiry of that period,
(b) the direction takes effect on the date of registration.
(1) The Commission shall give a direction under section 24(3) of this Act that a croft shall cease to be a croft if—
(a) subject to subsection (2) below, they are satisfied that the applicant has applied for the direction in order that the croft may be used for or in connection with some reasonable purpose (within the meaning of section 20 of this Act) having relation to the good of the croft or of the estate or to the public interest or to the interests of the crofting community in the locality of the croft and that the extent of the land to which the application relates is not excessive in relation to that purpose; or
(b) the application is made in respect of a part of a croft, which consists only of the site of the dwelling-house on or pertaining to the croft and in respect of which a crofter is entitled at the time of the application, or has been entitled, to a conveyance by virtue of section 12(2) of this Act, and they are satisfied that the extent of garden ground included in that part is appropriate for the reasonable enjoyment of the dwelling-house as a residence or
(c) the application is made in respect of a croft the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act
(1A) In determining whether they are satisfied as mentioned in subsection (1)(a) above (and, in particular, whether the reasonable purpose mentioned there relates to the public interest), the Commission—
(a) may take into account the effect that purpose (whether alone or in conjunction with other considerations) would have on the matters mentioned in subsection (1B) below; and
(b) where the purpose is, or is connected with, the development of the croft in respect of which planning permission subsists, may take into account the effect such development would have on the croft, the estate and the crofting community in the locality of the croft,
and must give the direction, or refuse to grant the application for it, accordingly.
(1B) The matters mentioned in subsection (1A)(a) above are—
(a) the sustainability of—
(i) crofting in the locality of the croft or such other area in which crofting is carried on as appears to the Commission to be relevant;
(ii) the crofting community in that locality or the communities in such an area;
(iii) the landscape of that locality or such an area;
(iv) the environment of that locality or such an area;
(b) the social and cultural benefits associated with crofting.
(1C) In subsection (1A) above—
“development” has the meaning given by section 26 of the Town and Country Planning (Scotland) Act 1997 (c.8);
“planning permission” is to be construed in accordance with Part 3 of that Act;
“effect” includes both a positive and negative effect.
(2) Without prejudice to subsection (1)(b) or (c) above, the Commission, in determining whether or not to give such a direction, shall have regard to the general interest of the crofting community in the district in which the croft is situated and in particular to the demand, if any, for a tenancy of the croft from persons who might reasonably be expected to obtain that tenancy if the croft were offered for letting on the open market on the date when they are considering the application.
(3) Where the Commission give such a direction on being satisfied as mentioned in subsection (1)(a) above, they may in the direction impose such conditions (which may include provision as to timescales) as appear to them requisite for securing that the land to which the direction relates is used for the proposed use; and if at any time they are satisfied that there has been a breach of any such condition, they may make a further direction that the land in respect of which there has been such a breach shall be a vacant croft.
(3A) Conditions imposed by virtue of subsection (3) above may include a condition that the use be initiated by a time specified in the condition.
(3B) The Commission may from time to time modify any conditions so imposed.
(3C) No such further direction as is mentioned in subsection (3) above shall be made if—
(a) more than 20 years have elapsed since the direction under section 24(3) of this Act;
(b) the land, or any part of it, has, since the direction under that section, been conveyed to a person other than the former crofter or a member of the former crofter's family; or
(c) a debt is for the time being secured by way of a standard security over, or over any real right in, the land or any part of it.
(4) Subject to subsections (4ZB) and (4ZD), The Commission may, on the application of a crofter who is proposing to acquire croft land or the site of the dwelling-house on or pertaining to his croft, give a direction under the said section 24(3) as if the land were a vacant croft and the application were made by the landlord, that in the event of such acquisition of the land it shall cease to be a croft, or refuse the application; but such a direction shall not have effect until the land to which it relates has been acquired by the crofter or his nominee and unless the acquisition is made within 5 years of the date of the giving of the direction.
(4ZA) Where a direction is applied for under subsection (4) in relation to an unregistered croft—
(a) the Commission may not make such a direction unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for the direction is made;
(b) the Commission need not, during that 6 month period, consider the application for the direction until an application for first registration of the croft is submitted.
(4ZB) Where a direction under section 24(3) is made by virtue of an application under subsection (4) in relation to a first registered croft—
(a) the crofter who applied for the direction must, within 3 months of acquiring land or a site as mentioned in that subsection, notify the Commission of the acquisition;
(b) the direction—
(i) does not have effect unless the conditions in subsection (4) are satisfied;
(ii) takes effect on the giving of notification of the direction under section 10(8)(c) of the 2010 Act.
(4ZC) Subsection (4ZD) applies to a direction under section 24(3) which is made—
(a) by virtue of an application under subsection (4); and
(b) in relation to a registered croft (other than a first registered croft).
(4ZD) The direction—
(a) does not have effect unless—
(i) the conditions mentioned in subsection (4) are satisfied; and
(ii) an application for registration of the making of the direction is made by virtue of section 5 of the 2010 Act before the expiry of the period of 5 years mentioned in that subsection;
(b) takes effect, if those conditions and the condition mentioned in paragraph (a)(ii) are satisfied on or before the date of registration, on the date of registration.
(4A) Written notice of an application under subsection (4) above made in respect of a part of a croft consisting only of the site of the dwelling-house on or pertaining to the croft shall be given to the landlord by the applicant; and the Commission—
(a) shall not give a direction by virtue of that subsection on an application so made unless they are satisfied (in addition to what is required by subsection (1)(b) above) that; and
(b) may include in any such direction conditions for the purpose of ensuring that,
implementation of the proposal would not prevent or impede access to another part of the croft or to other croft land.
(5) A direction under the said section 24(3) may be given taking account of such modification of the application in relation to which the direction is given as the Commission consider appropriate.
(6) The Commission shall advertise all applications under the said section 24(3) or subsection (4) above (except an application made in respect of a part of a croft consisting only of the site of the dwelling-house on or pertaining to the croft or only of land the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act ) in one or more newspapers circulating in the district in which the croft to which the application relates is situated, and before disposing of such an application shall, if requested by the applicant, afford a hearing to the applicant and to such other person as they think fit.
(7) The Commission shall give both—
(a) notice in writing to the applicant; and
(b) public notification,
of their direction on an application made to them under the said section 24(3) or subsection (4) above, specifying the nature of and the reasons for the direction and, as the case may be, for any conditions imposed in the direction.
(8) As regards—
(a) a direction (including a condition in a direction) by the Commission on an application—
(i) under section 24(3) of this Act, the applicant or any member of the crofting community in the locality of the land;
(ii) under subsection (4) above, the applicant or the owner of the land,
may within 42 days after the giving of public notification of the making of the direction;
(b) a modification under subsection (3B) above, of a condition which relates to land, the owner, or any tenant of the land or any member of the crofting community in the locality of the land, may within 42 days after the giving of public notification of the modification; or
(c) a further direction under subsection (3) above, the owner, or any tenant, of the land, may within 42 days after the making of that direction,
appeal ..., on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court.
(8A) For the purposes of this section, the references in section 52A(3) to a “direction” are to be construed as including references to a modification.
(8B) In an appeal under subsection (8) above the Court may—
(a) confirm or revoke the direction or modification;
(b) direct the Commission to make a different direction or modification; or
(c) remit the case to the Commission without so directing them.
(9) The Commission shall give effect to the determination of the Land Court on an appeal under subsection (8) above.
(1) When—
(a) one year’s rent of a croft is unpaid, ...
(b) a crofter has broken one or more of the statutory conditions (other than the condition as to payment of rent), or
(c) a crofter has breached any duty mentioned in section 5AA, 5B or 5C,
the Land Court may, on the application of the landlord and after considering any objections stated by the crofter, make an order —
(i) terminating the tenancy;
(ii) declaring the croft to be vacant; and
(iii) for the removal of the tenant from the croft
(1A) For the purposes of paragraph (c) of subsection (1)—
(a) where a crofter has sublet the croft by virtue of a lease to which section 27 applies, the crofter is deemed to comply with the duties mentioned in that paragraph (other than the duty not to misuse the croft) if the crofter's subtenant complies with the duties;
(b) where the Commission have granted consent under section 21B, the crofter is deemed to comply with the duty mentioned in section 5AA.
(2) When a crofter whose rights to compensation for permanent improvements have been transferred in whole or in part to the Secretary of State under section 43 of this Act—
(a) has abandoned his croft; or
(b) has broken any of the statutory conditions (other than the condition as to payment of rent); or
(c) has broken any of the conditions of repayment of a loan contained in the agreement for the loan;
the Land Court may, on the application of the Secretary of State and after considering any objections stated by the crofter or the landlord, make an order for the removal of the crofter.
(3) If a crofter is removed from his croft (whether by virtue of this section or by virtue of section 5A or 26H of this Act) , the landlord shall be entitled to set off all rent due or to become due against any sum found to be due by the landlord to the crofter or to the Secretary of State for permanent improvements made on the croft.
26A Commission's duty to investigate suspected breach of duty
(1) This section applies where the Commission receive—
(a) a report from a grazings committee under section 49A(1) which includes information on a matter mentioned in subsection (2); or
(b) information in writing from a person mentioned in subsection (3) relating to such a matter.
(2) The matter referred to in subsection (1) is that—
(a) a crofter is not complying with a duty mentioned in section 5AA, 5B or 5C; or
(b) an owner-occupier crofter is not complying with a duty mentioned in section 19C(2).
(3) The person referred to in subsection (1)(b) is—
(a) a grazings committee;
(b) a grazings constable;
(c) an assessor appointed under paragraph 16 of schedule 1;
(d) a member of the crofting community within which the croft to which the matter mentioned in subsection (2) relates is situated.
(4) The Commission must investigate whether or not the duty to which the report or, as the case may be, information relates is being complied with.
(5) But the Commission need not do so where they consider the information included in the report or, as the case may be, received as mentioned in subsection (1)(b) is frivolous or vexatious.
26B Enforcement of duties of crofters and owner-occupier crofters: general
(1) This section and section 26C apply where the Commission consider (whether following an investigation under section 26A(4) or otherwise) that—
(a) a crofter is not complying with any of the duties mentioned in section 5AA, 5B or 5C;
(b) an owner-occupier crofter is not complying with any of the duties mentioned in section 19C(2).
(2) For the purposes of subsection (1)(a)—
(a) where a crofter has sublet the croft by virtue of a lease to which section 27 applies, the crofter is deemed to comply with the duties mentioned in that subsection (other than the duty not to misuse the croft) if the crofter's subtenant complies with the duties;
(b) where the Commission have granted consent under section 21B, the crofter is deemed to comply with the duty mentioned in section 5AA.
(3) For the purposes of subsection (1)(b)—
(a) where an owner-occupier crofter has let the croft by virtue of a short lease to which section 29A applies, the owner-occupier crofter is deemed to comply with the duties mentioned in that subsection (other than the duty not to misuse the croft) if the owner-occupier crofter's tenant complies with the duties;
(b) where the Commission have granted consent under section 21B, the owner-occupier crofter is deemed to comply with the duty mentioned in section 19C(2)(a).
(4) In sections 26C, 26D and 26K, the “relevant person” means the crofter (in the case of a croft) or the owner-occupier crofter (in the case of an owner-occupied croft).
(1) The Commission must, unless they consider that there is a good reason not to, give the relevant person a written notice informing the person that the Commission consider that the duty is not being complied with.
(2) The notice must—
(a) explain the reasons why the Commission consider that the duty is not being complied with;
(b) indicate that the relevant person may make representations to the Commission before the expiry of the period of 28 days beginning with the day on which notice is given to the person (the “representation period”); and
(c) where given to a crofter, be copied to the landlord of the croft.
(3) The Commission must have regard to any representations received within the representation period.
(4) The Commission may also have regard to any representations received after the end of the representation period.
(5) The Commission must, before the expiry of the period of 14 days beginning with the day on which the representation period ends, decide whether the duty is being complied with.
(1) If the Commission decide that a duty is not being complied with, they must, before taking any action under section 26H or 26J, give the relevant person a written notice giving the person an opportunity to give an undertaking to comply with the duty before the expiry of such period as the Commission consider reasonable.
(2) The notice must—
(a) explain that the relevant person must give the undertaking before the expiry of the period of 28 days beginning with the day on which the notice is given;
(b) explain that the giving of the undertaking by the person constitutes acceptance by the person that the duty is not being complied with;
(c) set out what the person must do to comply with the undertaking;
(d) explain that if the person complies with the undertaking, no further action will be taken against the person in respect of the failure to comply with that duty; and
(e) where given to a crofter, be copied to the landlord of the croft.
(3) The Commission may accept an undertaking subject to such conditions as they consider appropriate.
(4) The Commission must decide whether to accept an undertaking before the expiry of the period of 28 days beginning with the day on which the relevant person offers to give the undertaking.
26E Circumstances where the Commission may not take action under section 26H or 26J
The Commission may not take any action under section 26H or 26J if—
(a) the period for giving an undertaking under section 26D has not expired;
(b) an undertaking has been given under section 26D and the period for complying with the undertaking has not expired;
(c) an undertaking given under section 26D has been complied with;
(d) in the case of a crofter—
(i) the Commission have consented to the sublet of the croft under section 27;
(ii) an application for consent to sublet has been made under section 27 and has not been determined;
(e) in the case of an owner-occupier crofter—
(i) the Commission have consented to the let of the owner-occupier's croft on a short lease (within the meaning of section 29A(4));
(ii) an application for consent to a lease has been made under section 29A and has not been determined;
(f) in the case of failure to comply with a duty mentioned in section 5AA or 19C(2)(a)—
(i) the Commission have consented to the absence under section 21B;
(ii) an application for consent for absence, to extend a period of absence or to vary a condition imposed in respect of such absence has been made under section 21B, 21C or, as the case may be, 21D and has not been determined.
26F Commission duty to take action under section 26H or 26J
(1) If—
(a) the Commission decide that a duty is not being complied with; and
(b) none of the circumstances mentioned in section 26E apply,
the Commission must take one of the actions mentioned in subsection (2) unless they consider that there is a good reason not to.
(2) Those actions are—
(a) in the case of a crofter, the tenancy termination procedure under section 26H;
(b) in the case of an owner-occupier crofter, the letting procedure under section 26J.
(1) Before taking action under section 26H or 26J, the Commission may, if they are satisfied that it is fair to do so, divide a croft or, as the case may be, an owner-occupied croft.
(2) In satisfying themselves as mentioned in subsection (1), the Commission must have regard to—
(a) the use and occupation of the croft or owner-occupied croft;
(b) in the case of a croft, the interests of the estate in which the croft is located;
(c) the sustainable development of the crofting community in the locality of the croft or owner-occupied croft;
(d) such other matters as the Commission consider appropriate.
(3) Any division of a croft or an owner-occupied croft under subsection (1) takes effect––
(a) as respects an application for first registration of the croft, or owner-occupied croft, submitted by virtue of section 4 of the 2010 Act, on the date of registration;
(b) as respects an application for registration of the division of the croft, or owner-occupied croft, submitted by virtue of section 5 of that Act, on the date of registration.
(4) The Keeper must make up and maintain a registration schedule in accordance with section 11 of the 2010 Act in respect of a new croft created by a division under this section.
(5) Where a croft or owner-occupied croft has been divided under subsection (1), the Commission may take action under section 26H or 26J in respect of any or all of the new crofts created by the division.
(6) Where a croft, other than an owner-occupied croft, is divided under subsection (1), the Commission must give written notice of the division to the landlord of the croft, specifying the date on which the division took effect.
(7) In this section—
“division” means the division of a croft or an owner-occupied croft into two or more new crofts; and “divide” is to be construed accordingly; and
“new crofts” mean each of the crofts created by a division under subsection (1).
(1) If the Commission are satisfied that it is in the general interest of the crofting community in the locality of the croft, the Commission must make an order terminating the tenancy of the crofter unless they consider that there is a good reason not to.
(2) An order under subsection (1) must be notified to—
(a) the crofter; and
(b) the landlord of the croft.
(3) An order under subsection (1) must specify the date on which it takes effect.
(4) An order under subsection (1) may not take effect before the expiry of the period of 28 days beginning with the later notification under subsection (2).
(5) If the crofter fails to give up occupation of the croft on or before the day on which the order takes effect, the Commission may apply to the sheriff for warrant for ejection of the crofter.
(6) The sheriff must grant the warrant for ejection, except on cause shown by the crofter.
(7) The Commission may recover from the crofter the expenses incurred by them—
(a) in making any application under subsection (5);
(b) in executing any warrant granted under subsection (6).
(8) A crofter whose tenancy is terminated by an order under subsection (1) has the same rights and liabilities relating to compensation as if the crofter had renounced the tenancy at the date on which the order under subsection (1) takes effect.
(1) The Commission must, unless they consider that there is a good reason not to, direct the owner-occupier crofter to submit to them, before the expiry of the period of 28 days beginning with the day on which the direction is given, a proposal for letting the owner-occupier's croft.
(2) No more than three proposals for letting the croft may be submitted in response to a direction given under subsection (1).
(3) Where a proposal for letting the croft is submitted to the Commission in response to a direction given under subsection (1), they must approve or reject the proposal within the period of 8 weeks beginning with the day on which the direction was given.
(4) The Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (7) and (8) if—
(a) no proposals for letting the croft are submitted by the owner-occupier crofter before the expiry of the period mentioned in subsection (1);
(b) the owner-occupier crofter has submitted one or two proposals for letting the croft within the period mentioned in subsection (1) and—
(i) all such proposals are rejected by the Commission; and
(ii) the period mentioned in subsection (1) has expired; or
(c) the owner-occupier crofter has submitted three proposals for letting the croft (within the period mentioned in subsection (1)) and the Commission have rejected all three.
(5) Any letting of an unregistered owner-occupied croft in accordance with proposals submitted under subsection (1) is void unless an application for first registration of the owner-occupied croft is submitted before the expiry of the period of 3 months beginning with the date of the letting.
(6) In relation to a registered owner-occupied croft—
(a) any approval under subsection (3) of a proposal for letting the owner-occupied croft under subsection (1) expires at the end of the period of 3 months beginning with the date on which the approval was given unless an application for registration of the letting of the owner-occupied croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the letting of the owner-occupied croft takes effect on the date of registration.
(7) The Commission must, by public notification, invite applications for letting the owner-occupied croft before the expiry of the period specified in the notification.
(8) When the period of notification has ended, the Commission must decide—
(a) to which of the applicants (if any) to let the owner-occupied croft; and
(b) after consulting the owner-occupier crofter, on what conditions to let the croft.
(9) Any letting of an unregistered owner-occupied croft pursuant to a decision under subsection (8) is void unless an application for first registration of the owner-occupied croft is submitted before the expiry of the period of 3 months beginning with the date of the letting.
(10) In relation to a registered owner-occupied croft—
(a) any decision under subsection (8) to let the owner-occupied croft to an applicant is, at the end of the period of 3 months beginning with the date on which the decision was made, to be treated as if it had not been made unless an application for registration of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the letting of the owner-occupied croft takes effect on the date of registration.
(11) Where an owner-occupied croft has been let on conditions set by the Commission under subsection (8)(b), the owner-occupier crofter may, before the expiry of the period of 28 days beginning with the day of the letting, apply to the Land Court for a variation of the conditions so set.
(12) If the Land Court, on an application under subsection (11), varies the conditions of let, any variation takes effect as from the date of the letting.
(1) A relevant person may appeal to the Land Court against a decision of the Commission under section 26C(5) that a duty is not being complied with.
(2) A relevant person may appeal to the Land Court against a decision of the Commission under section 26D—
(a) not to accept an undertaking;
(b) to impose conditions on such an undertaking.
(3) A relevant person may appeal to the Land Court against—
(a) the making by the Commission of an order under section 26H; or
(b) the giving by the Commission of a direction under section 26J.
(4) An appeal under subsection (3) may include an appeal against a division under section 26G of (as the case may be)—
(a) the croft; or
(b) the owner-occupied croft.
(5) An appeal under subsection (2) or (3) must be made before the expiry of the period of 42 days beginning with the day on which the decision, order or direction is made.
(6) An appeal under subsection (2) or (3) may be made only on one or more of the following grounds—
(a) that the Commission erred in law;
(b) that the Commission made a finding as to a fact material to the decision, order or direction but did not have sufficient evidence on which to base that finding;
(c) that the Commission acted contrary to natural justice;
(d) that the Commission took into account certain irrelevant or immaterial considerations;
(e) that the Commission failed to take into account certain relevant or material considerations;
(f) that the Commission exercised their discretion in an unreasonable manner.
(7) In an appeal under this section, the Land Court may—
(a) confirm or revoke the decision, order or direction;
(b) direct the Commission to make a different decision, order or direction;
(c) remit the case to the Commission without so directing them.
(8) The Commission must give effect to the decision of the Land Court on an appeal under this section.
(9) The Land Court may, if it considers it appropriate in consequence of any decision on an appeal under subsection (3), order the Keeper to rectify the Crofting Register.
(1) Notwithstanding any enactment or rule of law, a crofter shall be entitled to sublet his croft , for a period not exceeding 10 years, without the consent of the landlord of the croft.
(2) A crofter shall not sublet his croft otherwise than with the consent in writing of the Commission and in accordance with such conditions (which shall not include conditions relating to rent) as the Commission in giving their consent may impose; and any sublease of his croft granted by a crofter otherwise than as aforesaid shall be null and void:
Provided that nothing in this subsection shall be construed as debarring a crofter from subletting any dwelling-house or other building forming part of his croft to holiday visitors.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The Commission may, in giving their consent to a proposed sublease of a croft, impose such conditions (other than any relating to rent) as they may think fit.
29 Miscellaneous provisions regarding subleases of crofts.
(1) Subject to subsection (2) below, the subtenant under a sublease of a croft shall not be held to be
(a) a crofter; or
(b) the tenant under a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11) or under a lease constituting a short limited duration tenancy, a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy (within the meaning of that Act).
(2) Where under a sublease of any croft a right in any common grazing is let to the subtenant, and the sublease is one which-
(a) has been intimated to the Commission under section 11(1)(a) or (b) of the Crofters (Scotland) Act 1961; or
(b) has been granted by the crofter with the consent of the Commission and in accordance with any conditions imposed by them, as mentioned in section 27(2) of this Act, or
(c) has been granted by the crofter in accordance with proposals submitted to the Commission under section 28(4) of this Act and approved by them, or
(d) has been granted under section 28(7) of this Act by the Commission,
the subtenant shall come in place of the crofter in relation to any matter which concerns such right, and any grazings regulations applicable to such common grazing shall apply to the subtenant accordingly.
(2A) The conditions of let must specify that the crofter shall give the subtenant not less than 6 months written notice of any intention to assign, exchange or divide the croft and that the sublease shall come to an end on such assignation, exchange or division.
(3) Where the tenancy of a croft is terminated, any sublease of that croft subsisting immediately before the date of such termination shall come to an end on that date:
Provided that where a sublease comes to an end by virtue of the foregoing provisions of this subsection the Commission may, on an application in that behalf made to them by the subtenant within one month or such longer period not exceeding 3 months as the Commission may in all the circumstances think reasonable from the date on which the sublease came to an end as aforesaid, make an order permitting the subtenant to remain in occupation of the croft for such period, not exceeding one year from the said date, and subject to such conditions, as may be specified in the order; and no proceedings for the removal of the subtenant from the croft shall be taken by the owner of the croft before the expiry of the said period of one month or the said longer period or, if an application is made under this subsection to the Commission by the subtenant within that period, before the date of the determination of the Commission on such application.
(3A) Where the tenancy of a croft is terminated by virtue of the death of the crofter, the Commission shall, as part of their consideration in determining whether to make an order under the proviso to subsection (3) above and if so what period of occupation to permit—
(a) consult the deceased crofter's executor; and
(b) have regard in particular to such hardship as might, according to what they decide, be occasioned—
(i) the former subtenant; or
(ii) an assignee or transferee of the interest of tenant,
(4) In this section and in sections 27 and 28 of this Act any reference to a croft shall include a reference to a part of a croft.
(1) An owner-occupier crofter may not let the owner-occupier's croft (or any part of it) without the consent of the Commission.
(2) Subject to subsection (7), where consent is applied for under subsection (1) in relation to an unregistered owner-occupied croft (or any part of such an owner-occupied croft), the Commission—
(a) may not grant that consent unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for consent was made;
(b) need not, during that 6 month period, consider the application for consent until an application for first registration of the croft is submitted.
(3) Subject to subsection (8), in relation to a registered owner-occupied croft (other than an owner-occupied croft which is a first registered croft), or any part of such a croft—
(a) any consent under subsection (1) expires at the end of the period of 3 months beginning with the date on which such consent was granted unless an application for registration of the letting of the croft (or part of the croft) is made by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the letting of the croft (or part of the croft) takes effect on the date of registration.
(4) The Commission may, in giving their consent to a proposed lease of an owner-occupied croft for a period not exceeding 10 years (a “short lease”), impose such conditions (other than any relating to rent) as they consider appropriate.
(5) A lease is void if it is granted—
(a) without the Commission's consent;
(b) in the case of a short lease, otherwise than in accordance with such conditions as the Commission may impose.
(6) The Commission may terminate a short lease granted under this section if—
(a) a condition imposed under subsection (4) is breached; or
(b) the tenant fails to comply with a condition of let (other than any relating to rent).
(7) Subsection (2) does not apply to an application for consent to a proposed lease which is a short lease.
(8) Subsection (3) does not apply to—
(a) consent under subsection (1) to a short lease; or
(b) the letting of the croft (or part of the croft) on a short lease.
(9) Where, by virtue of a lease granted under this section, a right in a common grazing is let to the tenant under the lease—
(a) that tenant comes into the place of the owner-occupier crofter in relation to any matter which concerns the right; and
(b) any grazings regulations applicable to the grazing apply to the tenant accordingly.
(10) Subsections (1) to (6) do not apply to the letting of any dwelling-house or other building forming part of the owner-occupied croft to holiday visitors.
The tenant under a short lease of an owner-occupied croft is not to be treated as—
(a) a crofter; or
(b) the tenant under a lease constituting—
(i) a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11);
(ii) a short limited duration tenancy within the meaning of that Act; ...
(iii) a limited duration tenancy within the meaning of that Act.
(iv) a modern limited duration tenancy within the meaning of that Act, or
(v) a repairing tenancy within the meaning of that Act.
(1) Where—
(i) a crofter renounces his tenancy or is removed from his croft, or
(ii) the tenancy of a croft, being a tenancy the interest of the tenant under which is comprised in the estate of a deceased crofter, is terminated in pursuance of section 16(3) of the 1964 Act,
the crofter or, as the case may be, the executor of the deceased crofter shall, subject to the provisions of this Act, be entitled to compensation for any permanent improvement made on the croft if—
(a) the improvement is suitable to the croft; and
(b) the improvement was executed or paid for by the crofter or, as the case may be, the deceased crofter, or any of the predecessors of the crofter or of the deceased crofter in the tenancy; and
(c) either the improvement was executed otherwise than in pursuance of a specific agreement in writing under which the crofter or, as the case may be, the deceased crofter was bound to execute the improvement or, if the improvement was executed in pursuance of such an agreement, the crofter has not received or, as the case may be, the deceased crofter did not receive and his executor has not received, by way of reduction of rent or otherwise, fair consideration for the improvement.
(2) Where—
(a) a person on becoming the tenant of a croft has with the consent of the landlord paid to the outgoing tenant any compensation due to him in respect of any permanent improvement ...; or
(b) on a person becoming the tenant of a croft the Secretary of State on his behalf has paid to the landlord a sum representing the value to such person of an existing improvement on the croft;
such person shall for the purposes of subsection (1) above be deemed to have executed or paid for the improvement.
For the purposes of paragraph (a) above, a landlord who has not paid the compensation due ... to the outgoing tenant ... to the Secretary of State by virtue of subsection (3) of that section shall be deemed to be a loan by the Secretary of State to him shall be deemed to have given his consent.
(3) Subsection (1) above shall not apply to any buildings erected by a crofter in contravention of any interdict or other judicial order.
(4) The amount of the compensation payable under subsection (1) above shall, failing agreement, be fixed by the Land Court.
(5) Nothing in this Act shall affect the provisions of the Agricultural Holdings (Scotland) Act 1991 or of the Agricultural Holdings (Scotland) Act 2003 (asp 11) with respect to the payment to outgoing tenants of compensation for improvements:
Provided that—
(a) where any improvements are valued under either of those Acts with a view to the payment of compensation to a crofter or to the executor of a deceased crofter, the valuation shall, unless the landlord and the crofter or executor otherwise agree in writing, be made by the Land Court; and
(b) compensation shall not be payable under either of those Acts for an improvement for which compensation is payable under this Act.
(6) Notwithstanding anything in this section—
(a) a crofter who immediately before 1st October 1955 was a statutory small tenant, or
(b) the statutory successor of such a crofter, or
(c) the executor of such a crofter or of such a statutory successor,
shall not be entitled, in respect of any permanent improvement made or begun before 1st October 1955, to any compensation to which he would not have been entitled if his tenancy had expired immediately before 1st October 1955.
(6A) Subject to subsection (6B) below, in this Act “improvement” does not include anything erected or carried out wholly for—
(a) putting a croft to such other purposeful use as is mentioned in section 5C(2)(a)(ii) of this Act; or
(b) using part of a common grazing for a purpose other than is mentioned in paragraph (a) or (b) of section 50B(1) of this Act.
(6B) Subsection (6A) above does not apply if—
(a) in any written consent given under section 5C(4)(a) of this Act as respects the use in question, the landlord agrees that the subsection should not apply; or
(b) before the Commission approve under section 50B(11) of this Act implementation of the proposal for the use in question, the owner gives written intimation to the proposer that, as respects that use, he so agrees.
(7) In this Act “permanent improvement” means any of the improvements specified in Schedule 3 to this Act:
Provided that no building or other structure erected on a croft shall be held to be a permanent improvement on the croft unless it is a fixture on the land.
31 Permanent improvements made on crofts for purposes of subsidiary or auxiliary occupations.
(1) A crofter may erect any buildings or other structures, or execute any works, on his croft which—
(a) are reasonably required to enable him to make use of the croft for any subsidiary or auxiliary occupation in accordance with section 5C(2)(a)(ii) of this Act, and
(b) will not interfere substantially with the use of the croft as an agricultural subject.
(2) Any buildings or other structures erected, or any works executed, under subsection (1) above on any croft shall, if in the case of any such buildings or structures they are fixtures on the land, be permanent improvements on the croft and shall be deemed to be suitable to the croft for the purposes of section 30(1)(a) of this Act.
(3) The provisions of subsection (2) above shall apply in relation to buildings or other structures erected, or works executed, on any croft before 27th August 1961 if such buildings, structures or works could have been erected or executed under subsection (1) above if the said subsection (1) had then been in force:
Provided that nothing in this subsection shall authorise the payment of compensation under section 14 of the 1955 Act in respect of any such buildings, structures or works as are mentioned in this subsection where the crofter has renounced his tenancy or has been removed from his croft before 27th August 1961.
(1) The amount of any compensation payable under section 30(1) of this Act to a crofter who renounces his tenancy or is removed from his croft, or to the executor of a deceased crofter, in respect of a permanent improvement on the croft shall be a sum equal to—
(a) the value of that improvement as at the date when—
(i) the crofter renounced his tenancy, or
(ii) the crofter was removed from the croft, or
(iii) the tenancy of the croft was terminated in pursuance of section 16(3) of the 1964 Act,
as the case may be, calculated in accordance with subsection (2) below, less
(b) the value of any assistance or consideration which may be proved to have been given by the landlord of the croft or any of his predecessors in title in respect of the improvement.
(2) For the purposes of subsection (1) above, the value of an improvement on any croft shall be taken to be the amount, if any, which, having regard to the location of the croft and any other circumstances which might affect the demand for the tenancy thereof, the landlord might reasonably be expected to receive in respect of the improvement from a person who might reasonably be expected to obtain the tenancy of the croft if the croft were offered on the open market for letting with entry on the date referred to in subsection (1)(a) above.
(3) Where—
(a) compensation falls to be assessed under subsections (1) and (2) above in respect of any permanent improvement on a croft; and
(b) the amount of such compensation is fixed or assessed by the Land Court under section 30(4) or 39(3)(a) of this Act,
then, if the crofter, or (as the case may be) the executor of the deceased crofter, is qualified as mentioned in subsection (4) below, he may request the Land Court to determine the amount which would have been payable by way of compensation in respect of that improvement if the Crofters (Scotland) Act 1961 had not been passed; and if the amount last mentioned is greater than the amount fixed or assessed by the Land Court as aforesaid, the difference between the two said amounts shall be payable to the crofter or executor by the Secretary of State:
Provided that—
(a) the Secretary of State shall be entitled to set off any amount due to him by the crofter or, as the case may be, the executor of the deceased crofter in respect of a loan made under section 22(2) or (3) of the 1955 Act, section 42(4) or (5) of this Act or section 7(7) or section 9 of the Small Landholders (Scotland) Act 1911 against any sum payable to the crofter or executor by the Secretary of State under this subsection; and
(b) this subsection shall not apply where compensation in respect of the improvement in question has on a previous occasion fallen to be assessed under subsections (1) and (2) above.
(4) The reference in subsection (3) above to a crofter who is qualified is a reference to a crofter—
(a) whose tenancy of the croft in question began before 27th August 1961, or
(b) who holds the tenancy of such croft as statutory successor to his immediate predecessor in the tenancy and each of whose predecessors (being in each case a person whose tenancy of the croft began on or after 27th August 1961) held such tenancy as statutory successor to his immediate predecessor,
and for the purposes of the said subsection the executor of a deceased crofter shall be deemed to be qualified if the deceased crofter would have been qualified as mentioned in the foregoing provisions of this subsection.
(1) The Land Court shall, on the application of the landlord or the crofter, make a record of the condition of the cultivation of a croft and of the buildings and other permanent improvements thereon, and by whom the permanent improvements have been executed or paid for.
(2) Any application under this section shall be intimated by the Land Court to the other party concerned and each party shall be given an opportunity of being heard on any matter affecting the record of the croft.
34 Compensation to landlord for deterioration or damage.
(1) Where—
(a) a crofter renounces his tenancy or is removed from his croft, or
(b) the tenancy of a croft, being a tenancy the interest of the tenant under which is comprised in the estate of a deceased crofter, is terminated in pursuance of section 16(3) of the 1964 Act,
the landlord shall be entitled to recover from the crofter or, as the case may be, from the executor of the deceased crofter compensation for any deterioration of, or damage to, any fixed equipment provided by the landlord committed or permitted by the crofter or, as the case may be, by the deceased crofter or his executor.
(2) The amount of the compensation payable under subsection (1) above shall be the cost, as at the date of the crofter’s quitting the croft or, as the case may be, of the termination of the tenancy, of making good the deterioration or damage; and the landlord shall be entitled to set off the amount so payable against any compensation payable by him in respect of permanent improvements.
(3) The amount of the compensation payable under subsection (1) above shall, failing agreement, be fixed by the Land Court.
35 Assessment of compensation for improvements or deterioration on joint application to Land Court.
Where—
(a) a crofter has given notice of renunciation of his tenancy, or
(b) the landlord of the croft either gives to the executor of a deceased crofter, or receives from such an executor, notice terminating the tenancy of the croft in pursuance of section 16(3) of the 1964 Act,
the Land Court may, on the joint application of the crofter or, as the case may be, the executor of the deceased crofter and the landlord or, where the crofter’s rights to compensation for permanent improvements have been transferred in whole or in part under section 43 of this Act to the Secretary of State, on the joint application of the Secretary of State and the landlord, assess prior to the renunciation or, as the case may be, the termination the amounts which will on renunciation or termination become due under sections 30 and 34 of this Act by the landlord by way of compensation for permanent improvements and by the crofter or executor by way of compensation for deterioration or damage; and the amounts so assessed shall, on renunciation or, as the case may be, termination, become due accordingly.
(1) Where a cottar if not paying rent is removed from his dwelling and any land or buildings occupied by him in connection therewith, or if paying rent renounces his tenancy or is removed, he shall be entitled to compensation for any permanent improvement if—
(a) the improvement is suitable to the subject; and
(b) the improvement was executed or paid for by the cottar or the cottar’s wife or husband or any predecessor of the cottar or of the cottar’s wife or husband; and
(c) either the improvement was executed otherwise than in pursuance of a specific agreement in writing under which the cottar was bound to execute the improvement, or, if the improvement was executed in pursuance of such an agreement, the cottar has not received, by way of reduction of rent or otherwise, fair consideration for the improvement.
(2) The amount of the compensation payable under subsection (1) above shall, failing agreement, be fixed by the Land Court, and sections 30(3) and 32(1) and (2) of this Act shall apply in relation to such cottar as they apply in relation to crofters.
(3) Where the amount of the compensation payable under subsection (1) above is fixed by the Land Court under subsection (2) above, then, if the cottar is qualified as mentioned in subsection (4) below, he may request the Land Court to determine the amount which would have been payable by way of compensation in respect of the permanent improvement concerned if the Crofters (Scotland) Act 1961 had not been passed; and if the amount last mentioned is greater than the amount fixed by the Land Court as aforesaid, the difference between the two said amounts shall be payable to the cottar by the Secretary of State:
Provided that—
(a) the Secretary of State shall be entitled to set off any amount due to him by the cottar in respect of a loan made under section 22(2) of the 1955 Act, section 42(4) of this Act or section 9 of the Small Landholders (Scotland) Act 1911 against any sum payable to the cottar by the Secretary of State under this subsection; and
(b) this subsection shall not apply where compensation in respect of the improvement in question has on a previous occasion fallen to be assessed under section 32(1) and (2) of this Act as applied by subsection (2) above.
(4) The reference in subsection (3) above to a cottar who is qualified is a reference to a cottar—
(a) whose occupation of the subject in question began before 27th August 1961; or
(b) who occupies such subject as heir-at-law, legatee or assignee of his immediate predecessor as occupier of the subject, and each of whose predecessors (being in each case a person whose occupation of the subject began on or after 27th August 1961) occupied the subject as heir-at-law, legatee or assignee of his immediate predecessor.
(5) In this section “predecessor”, in relation to a cottar or to the wife or husband of a cottar, means any person to whom the cottar or the wife or husband of the cottar might, failing nearer heirs, have succeeded in case of intestacy.
37 Crofter’s right to share in value of land taken possession of compulsorily.
(1) Where in pursuance of any enactment providing for the acquisition and taking of possession of land compulsorily by any person (in this section referred to as an “acquiring authority”), an acquiring authority acquire and take possession of a croft or a part thereof from a crofter, the crofter shall be entitled to receive from the acquiring authority, in addition to any compensation payable to him under section 114 of the Lands Clauses Consolidation (Scotland) Act 1845, a share in the value of the land of which possession has been taken, the amount whereof shall be one half of the difference between, subject to subsection (4) below, the market value of the land (on the date on which such possession is taken) as determined by the Land Court in accordance with subsection (2) below (less any compensation payable as aforesaid) and the crofting value thereof.
(2) The market value for the purposes of subsection (1) above shall be a sum equal to the amount which the land, if sold in the open market by a willing seller, might be expected to realise assuming that the land were not land to which this Act applies.
(3) Section 21(4) of this Act shall apply to land which has been taken possession of compulsorily by an acquiring authority as it applies to land of which the Land Court has authorised resumption.
(4) For the purposes of this section, where any development has been carried out by any person, other than the crofter or any of his predecessors in the tenancy, on the land referred to in subsection (1) above before the land has been acquired by and taken possession of by the acquiring authority, there shall be deducted from the market value such amount thereof as, in the opinion of the Land Court, is attributable to that development.
(5) In this section “crofting value”, in relation to land which has been taken possession of compulsorily, has the same meaning as it has in section 14 of this Act in relation to croft land.
(1) Where in relation to any township the Commission—
(a) either of their own accord or on representations made to them by a crofter who is the tenant of a croft situated in the said township or by the landlord of such a croft or by a grazings committee appointed under section 47 of this Act in respect of common grazings shared in by any such crofter, and
(b) after such consultation as is reasonably practicable with the tenants and the landlords of crofts situated in the township and with any grazings committee appointed as aforesaid, and
(c) after making such inquiries as they think fit,
are satisfied that the township ought to be reorganised in order to secure the preservation or the better development thereof, they may prepare a provisional draft of a scheme (in this Act referred to as a “reorganisation scheme”) for the reorganisation of the township.
(1A) Before proceeding to prepare a provisional draft reorganisation scheme the Commission must give intimation in writing to each of the persons mentioned in subsection (10) below that the Commission are satisfied as is mentioned in subsection (1) above and that they intend so to proceed.
(2) A reorganisation scheme shall provide for the re-allocation of the land in the township in such manner as is, in the opinion of the Commission, most conducive to the proper and efficient use of that land and to the general benefit of the township, so, however, that under the scheme every crofter who is the tenant of a croft situated in the township and who so wishes shall be granted the tenancy of a croft and that such croft shall—
(a) if the crofter so wishes, include any dwelling-house which formed part of the croft of which he was tenant immediately before the date on which the scheme was put into effect, and
(b) if he so wishes, be of a value not less than that of the croft of which he was tenant as aforesaid.
(3) A reorganisation scheme may, if the Commission—
(a) obtain the prior written consent of the Scottish Ministers, make provision with respect to the inclusion of any land in the vicinity of the township, being land to which this Act does not apply, which in the opinion of the Commission ought to be used for the enlargement of crofts in the township or of a common grazing used exclusively, or shared in, by the township;
(b) think fit, make provision with respect to all or any of the following matters—
(i) the admission into the township of new crofters and the allocation to them of shares in the common grazing;
(ii) the apportionment for the exclusive use of the township of a part of any common grazing in which it shares;
(iii) the inclusion in any croft formed under the scheme of a part of the common grazing or of any land held in runrig;
(iv) any other matter incidental to or consequential on the provisions of the scheme.
(4) For the purposes of a reorganisation scheme , or provisional draft or draft of such a scheme, the Commission shall prepare such maps and plans as may be necessary to indicate the general effect of the scheme or, as the case may be, of the provisional draft or draft, and its effects on each of the crofts in the township.
(5) Where, in relation to any township, the Commission prepare a provisional draft reorganisation scheme under subsection (1) above, they shall serve on each of the persons mentioned in subsection (10) below a copy of the provisional draft together with a notice—
(a) naming a place within the locality in which the township is situated where a copy of the maps and plans prepared by the Commission under subsection (4) above in relation to the provisional draft scheme may be inspected at all reasonable hours;
(b) inviting the person on whom the provisional draft and notice are served, within two months of the date of such service, to make in writing to the Commission such comments as they may wish to make on the provisional draft, maps or plans.
Where any crofter on whom such a notice as aforesaid has been served fails to comply with the request contained in such notice, he shall for the purposes of this section be deemed to have intimated to the Commission in compliance with the said request that he is in favour of the scheme.
(6) Where, having taken into account comments (if any) made to them by virtue of subsection (5) above, the Commission are still satisfied as mentioned in subsection (1) above, they shall—
(a) prepare a draft reorganisation scheme in relation to the township taking into account such comments;
(b) serve on each of the persons mentioned in subsection (10) below a copy of the draft scheme together with a notice—
(i) naming a place within the locality in which the township is situated where a copy of any maps and plans prepared by the Commission under subsection (4) above in relation to the draft scheme may be inspected at all reasonable hours; and
(ii) requesting that the person on whom the draft and notice are served, within one month after the date of such service, intimates to the Commission in writing whether or not that person is in favour of the draft scheme.
(7) Where any person on whom a notice has been served under subsection (6) above fails to comply with the request contained in the notice, that person shall for the purposes of this section be deemed to have intimated to the Commission, in compliance with the request, that the person is in favour of the draft scheme.
(8) If, within the period of one month mentioned in subsection (6)(b)(ii) above, a majority of the crofters on whom a copy of a draft reorganisation scheme and a notice have been served under that subsection have intimated to the Commission, in compliance with the request contained in the notice, that they are in favour of the draft scheme, the Commission shall, where they remain satisfied as mentioned in subsection (1) above—
(a) prepare a reorganisation scheme in relation to the township; and
(b) serve on each of the persons mentioned in subsection (10) below a copy of the scheme together with a notice—
(i) naming a place within the locality in which the township is situated where a copy of any maps and plans prepared by the Commission under subsection (4) above in relation to the scheme may be inspected at all reasonable hours; and
(ii) advising of the right of appeal to the Land Court under section 38A of this Act against the Commission's decision to reorganise the township or the scheme and of the time limit within which an appeal may be made.
(9) For the purposes of section 38A of this Act, the Commission's proceeding, under subsection (8)(a) above, to prepare a reorganisation scheme shall be taken to comprise their decision to reorganise the township.
(10) The persons referred to in subsections (1A), (5), (6)(b) and (8)(b) above and section 38A(3)(b) of this Act are—
(a) each crofter who is the tenant of a croft situated in the township;
(b) the landlord of each such croft;
(c) each grazings committee appointed under section 47 of this Act in respect of any common grazing shared in by each such crofter;
(ca) each owner-occupier crofter whose croft is situated in the township;
(d) each person occupying land which is contiguous to a croft situated in the township;
(e) the owner of, and each person who holds shares in, a common grazing associated with the township;
(f) if the reorganisation scheme makes (or as the case may be is to make) provision with respect to the inclusion of such land as is mentioned in subsection (3)(a) above, the owner of, and each person occupying, that land.
(11) The requirements of subsections (1A) and (6)(b)(ii) above that intimation be in writing and in subsection (5)(b) above that comments be made in writing are to be taken to be satisfied by—
(a) the giving of intimation; or
(b) as the case may be, the making of comments,
in a form other than writing which, by reason of its having some permanency, is capable of being used for subsequent reference (as, for example, a recording made on audio or video tape).
38A Appeal to Land Court: special provision as respects reorganisation schemes
(1) Any crofter who is the tenant of a croft situated in the township in relation to which a reorganisation scheme is made or the landlord of any such croft or any owner-occupier crofter whose croft is situated in the township or the owner of any common grazing associated with the township or the owner of any land included in the scheme by virtue of subsection (3)(a) of section 38 of this Act may, within 42 days after the Commission serve a copy of the reorganisation scheme on him under subsection (8)(b) of that section, appeal ..., on one or more of the grounds mentioned in section 52A(3) of this Act, to the Land Court against—
(a) the Commission's decision to reorganise the township; or
(b) the scheme.
(2) For the purposes of this section, the references in section 52A(3) to a “direction” and to “making” a direction are to be construed as including, respectively, references to a reorganisation scheme and to preparing such a scheme.
(3) In an appeal under this section, the Court may—
(a) confirm the decision and the scheme;
(b) confirm the decision and require the Commission to—
(i) make, by a date specified by the Court, such modifications to the scheme as the Court directs; and
(ii) serve a copy of the modified scheme on each of the persons mentioned in section 38(10) of this Act; or
(c) revoke the Commission's decision.
(1) The Commission shall not take any steps in discharge of their duties or powers under this section in relation to a reorganisation scheme until (whichever first occurs)—
(a) the period of 42 days mentioned in section 38A(1) of this Act has elapsed without any appeal to the Land Court under that section being made; or
(b) every such appeal timeously made is—
(i) decided and, where by virtue of subsection (3)(b)(i) of section 38A of this Act the Land Court has required modifications to be made to the scheme, those modifications have been made and the Commission have complied with subsection (3)(b)(ii) of that section; or
(ii) abandoned.
(1A) Subject to subsection (2A), The Commission—
(a) shall put into effect a reorganisation scheme—
(i) prepared by them under section 38(8)(a); or
(ii) where by virtue of subsection (3)(b)(i) of section 38A of this Act the Land Court has required modifications to be made to the scheme, of which they have served a copy by virtue of subsection (3)(b)(ii) of that section; and
(b) may do all such things as are required for that purpose.
(2) Subject to subsection (2B), A reorganisation scheme shall be put into effect on such date as may be appointed by the Commission, and the Commission may appoint different dates in respect of different provisions of the scheme, and any reference in this Act to the date on which a reorganisation scheme is put into effect shall, in relation to any land, be construed as a reference to the date on which the provisions of that scheme which apply to such land are put into effect.
(2A) Before putting into effect a reorganisation scheme which contains provision—
(a) forming a croft;
(b) making any change to, or in relation to, a croft,
the Commission must submit, in accordance with Part 2 of the 2010 Act, an application for registration of the croft so formed, the croft affected by the change or, as the case may be, the change to the croft.
(2B) The date appointed under subsection (2) for the putting into effect of any provision of a reorganisation scheme in respect of which an application for registration under subsection (2A) is made is to be the date of registration.
(3) The Commission may remit the scheme to the Land Court to fix the sums which will become payable on the scheme being put into effect—
(a) to each person who immediately before the said date was the tenant of a croft in the township, by way of compensation in respect of permanent improvements by reason of the termination of his tenancy by virtue of subsection (6) below;
(b) by each person (whether or not he was immediately before the said date the tenant of a croft in the township) who under the scheme becomes the tenant of a croft, in respect of the permanent improvements on that croft; and
(c) by way of rent in respect of each of the crofts formed under the scheme.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The rent fixed by the Land Court in pursuance of subsection (3)(c) above in respect of any croft shall not be altered, except by agreement between the landlord and the crofter, for a period of 7 years from the term at which it first became payable.
(5A) Subsection (3A) of section 6 of this Act applies in relation to subsection (5) above as it applies in relation to the proviso to subsection (3) of that section.
(6) For the purpose of putting into effect the provisions of a reorganisation scheme, the Commission shall serve on the tenant and on the landlord of every croft to which those provisions apply and on any person (other than such a tenant) who under the scheme is to become the tenant of a croft a notice specifying the date on which the scheme is to be put into effect, and where such notices have been served-—
(a) every such tenant shall be deemed to have given notice renouncing the tenancy of his croft immediately before the said date; and
(b) each person (whether or not such a tenant) who under the scheme is to become the tenant of a croft shall on that date become the tenant of that croft.
(7) Where any buildings situated on land to which a reorganisation scheme applies will on the putting into effect of the scheme cease to be required in connection with the occupation of that land, the Commission shall... give notice to that effect to the landlord of the land, and thereupon subsections (7) and (8) of section 23 of this Act shall apply in relation to the buildings first mentioned as if the said notice had been a notice given under the said subsection (7) to the landlord by the Commission immediately before the date of the putting into effect of the scheme.
A notice given under this subsection to a landlord by the Commission shall inform the landlord of the effect of this subsection in relation to the buildings in respect of which the notice is given.
(8) Where a reorganisation scheme provides, in pursuance of section 38(3)(a) of this Act, for the inclusion in the scheme of land in the vicinity of the township, the Commission shall serve—
(a) on the occupier of any such land who is not the owner thereof, a copy of the scheme together with a notice terminating his interest in the land on the expiry of 3 months from the date of the service of the notice; and
(b) on the owner of any such land a copy of the scheme together with a notice requiring him to enter into an undertaking that he will, on the date on which the scheme is put into effect, let the land in accordance with the provisions of the scheme , and shall send a copy of each notice served by them under this subsection to the Scottish Ministers .
(9) Where the interest in any land of the occupier of that land is terminated in pursuance of subsection (8)(a) above, the Secretary of State shall be deemed to be authorised to purchase the said interest compulsorily and to have served notice to treat in respect thereof on the date on which the interest is terminated as aforesaid.
(10) Where—
(a) the owner of any land fails within 2 months from the date on which a notice is served on him under paragraph (b) of subsection (8) above to enter into such an undertaking as is mentioned in that paragraph or, having entered into such an undertaking, fails to let the land in accordance with the provisions of the scheme on the date on which the scheme is put into effect; or
(b) the owner of any land to which any provision contained in a reorganisation scheme applies gives to the Secretary of State, within 2 months from the date on which notice is served on him under subsection (6) above , notice requiring the Secretary of State to purchase the land;
the Secretary of State shall be deemed to be authorised to purchase the said land compulsorily and to have served notice to treat in respect thereof immediately before the date on which the scheme is put into effect.
Any purchase of land under this subsection shall be deemed to be completed immediately before the date on which the scheme is put into effect, and the Secretary of State shall, as the landlord of such land, be liable to pay or, as the case may be, entitled to receive any such sum as is mentioned in subsection (3)(a) or (b) above which becomes payable on the said date and any sum payable on that date under section 34(1) of this Act by way of compensation for deterioration of, or damage to, fixed equipment on the land.
(11) This section and section 38 of this Act shall, unless the context otherwise requires, apply in relation to a group of neighbouring townships as they apply in relation to a township.
(1) Without prejudice to any other provision of this Act whereby information may or shall be obtained by them, the Commission may by notice under this section served on the owner or the occupier of any holding , or on the executor of the person who most recently was the owner or occupier of any holding, require him to furnish them with such information as may be specified in the notice with regard to the extent, the rent and the tenure of the holding and with regard to such other matters relating to the ownership or the occupation of the holding as the Commission may reasonably require for the execution of their functions under this Act.
(1A) The information mentioned in subsection (1) above includes the age and date of birth of the owner or occupier of the holding or such other person or class of person as may be specified in the notice.
(2) If any owner, occupier or executor on whom a notice has been served under subsection (1) above—
(a) fails without reasonable cause or neglects to furnish to the Commission within 3 months after the service of the notice the information specified in the notice; or
(b) in furnishing such information as aforesaid knowingly or recklessly furnishes any information which is false in a material particular,
he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 1 on the standard scale.
(3) Where the Commission impose a requirement under subsection (1) above, to provide information on any person making an application under this Act (the requirement being for the purposes of the application), the Commission may if they think fit decline to do anything in relation to the application until they are satisfied either that the requirement has been complied with or that it is not practicable to comply with the requirement.
(4) If the Commission are satisfied that it is not practicable to comply with the requirement (the “original requirement”) they may modify it; and subsection (3) above shall apply in relation to the modified requirement as that subsection applies to the original requirement.
(5) This section applies in relation to a common grazing as it applies in relation to a holding except that for the purposes of that application references in the section to an occupier of a holding are to be construed as references to a crofter who shares in the common grazing.
(1) The Commission must—
(a) by notice given to each crofter, require the crofter to provide the Commission with the information mentioned in subsection (2);
(b) by notice given to each owner-occupier crofter, require the crofter to provide the Commission with the information mentioned in subsection (3).
(2) The information referred to in subsection (1)(a) is—
(a) whether or not the crofter is complying with the duties mentioned in sections 5AA, 5B and 5C;
(b) where the crofter is not complying with one or more of those duties—
(i) in the case of the duty mentioned in section 5AA, whether the Commission have granted consent under section 21B;
(ii) in any case (other than the duty not to misuse the croft), whether a subtenant of the crofter by virtue of a lease to which section 27 applies is complying with the duty; and
(c) information relating to any other matter the Commission may require.
(3) The information referred to in subsection (1)(b) is—
(a) whether or not the owner-occupier crofter is complying with the duties mentioned in section 19C(2);
(b) where the owner-occupier crofter is not complying with one or more of those duties—
(i) in the case of the duty mentioned in section 19C(2)(a), whether the Commission have granted consent under section 21B;
(ii) in any case (other than the duty not to misuse the croft), whether a tenant of the crofter by virtue of a short lease (within the meaning of section 29A) is complying with the duty; and
(c) information relating to any other matter the Commission may require.
(4) The first notices under subsection (1) must be given as soon as reasonably practicable after the end of the period of 1 year beginning with the day section 36 of the 2010 Act comes into force.
(5) Subsequent notices must be given as soon as reasonably practicable after the end of each successive 1 year period.
(6) Subsection (2) of section 40 applies to a notice given under subsection (1) of this section as it applies to a notice served under subsection (1) of that section.
(7) Section 55(1A) does not apply to a notice given under subsection (1).