(1) It shall be the duty of the Commission to compile and maintain the register known as the Register of Crofts .
(2) There shall be entered in the Register of Crofts—
(a) the name, location, rent and extent of every croft;
(b) the name , age and date of birth of the tenant and the landlord of each croft;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ca) the landlord's address and, where the tenant's address is different from the address of the croft, the tenant's address;
(cb) where the landlord's estate is managed on his behalf by another person, a statement that it is so managed and the name and address of that other person;
(cc) where the tenant of a croft holds a right in a common grazing—
(i) the location and boundaries of the grazing;
(ii) the owner of the grazing and his address;
(iii) any use of the grazing as woodlands by virtue of section 50, or of woodlands as part of the grazing by virtue of section 50A, of this Act; and
(iv) any other use of the grazing, except use for grazing purposes, use as woodlands or use regulated by a scheme drawn up by the Commission under section 52(9) of this Act;
(cd) any—
(i) determination by the Commission under section 3A(7)(a) of this Act or by the Land Court on any question coming before it (whether or not on appeal) under this Act;
(ii) order under section 26H(1) of this Act;
(iii) direction under section 24(3) , 24B(1) or 25(4) of this Act;
(iv) reorganisation scheme prepared under section 38(8)(a) of this Act;
(v) apportionment under section 52(3) or (4) of this Act; and
(vi) order under section 53B(2) of this Act;
(ce) any other order, determination, consent, authorisation or other proceeding of theirs which they consider it is appropriate to have recorded in the Register of Crofts;
(cf) any agreement between a landlord and a crofter concerning access between a public road and the croft by a route lying wholly over land owned by the landlord, being an agreement intimated to the Commission by the landlord or crofter (the intimation being in such form as the Commission may require and there being provided to the Commission, along with the intimation, a copy of the agreement);
(cg) any agreement for a loan sent to the Commission by virtue of section 46A(2)(e) of this Act;
(d) such other matters relating to each croft as the Commission may, with the approval of the Secretary of State, decide are proper to be entered in the Register;
and the Commission shall from time to time insert new entries in the Register or alter or omit existing entries so far as may be necessary to ensure , so far as practicable, that the Register is consistent with such information as the Commission has obtained under or by virtue of this Act and shall send a copy of any new entry, or of any entry altered by them, to the landlord and the tenant of the croft concerned, and shall intimate the omission of any entry to the owner and the tenant (if any) of the land concerned:
...
(2A) Subsection (2) above applies in relation to land constituted as a common grazing under section 51A of this Act, the owner of that land and the persons sharing in the common grazing as it applies in relation to a croft and its landlord and tenant; and an entry made by virtue of this subsection must contain the information that the common grazing is so constituted.
(3) A person is entitled on request to receive from the Commission a copy or extract of an entry in the Register of Crofts.
(3A) An extract of an entry in the Register of Crofts shall be certified as such by a person authorised for the purposes of this subsection by the Commission; and a document which bears to be an extract so certified shall be sufficient evidence that the Register contains the entry.
(4) The register of crofts compiled by the Commission under section 15(2) of the 1955 Act shall, so far as it contains particulars which are required by or under subsection (2) above to be entered in the Register of Crofts, be deemed to have been compiled by the Commission in pursuance of subsection (1) above.
(5) The Crofters Holdings Book shall be incorporated into the Register of Crofts and as so incorporated shall be deemed to have been compiled by the Commission in pursuance of subsection (1) above.
(1) For the purpose of supporting any reasonable use which promotes the sustainable development of crofts, the Secretary of State may, after consultation with the Commission ..., make schemes for providing grants ... to crofters.
(1A) Such schemes shall specify criteria for determining who shall be eligible for grants payable under those schemes (as for example, the occupier's income, or the rental or agricultural value or extent of his croft); and different schemes may specify different criteria.
(2) Any scheme under subsection (1) above may—
(a) provide for the administration, through the agency of the Commission, of the grants ... payable thereunder;
(b) make provision enabling the Scottish Ministers, or the Commission on behalf of the Ministers, to recover the grant ... in such circumstances and from such person as may be specified in the scheme;
(c) provide that, where the grant ... is being given in respect of a common grazing and a grazings committee or a grazings constable has been appointed under section 47 of this Act, the Secretary of State shall pay the grant ... to the clerk of the grazings committee or the constable for the benefit of the crofters concerned.
(3) Any scheme under subsection (1) above shall be embodied in a statutory instrument which shall be laid before Parliament after being made, and any such scheme may be varied or revoked by a subsequent scheme made in the like manner.
(4) Without prejudice to subsection (1) above, The Secretary of State may, in accordance with arrangements made by him ..., provide assistance by way of grants ... towards the erection or improvement or rebuilding of dwelling-houses and other buildings for crofters or towards the provision or improvement of roads, or water or electricity or gas supplies.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Regulations shall be made by the Secretary of State—
(a) for securing that, where a grant has been made towards the erection, improvement or rebuilding of a dwelling-house or other building, conditions with respect to the occupation and maintenance thereof shall apply thereto for such period from the completion of the work (not being longer than 40 years) as may be specified in the regulations;
(b) for securing that in the event of a breach of any of the conditions the Scottish Ministers, or the Commission on behalf of the Ministers, may recover from such person as may be specified in the regulations a sum bearing the same proportion to the grant made as the period between the date of the breach of the condition and the expiration of the period specified under paragraph (a) above bears to the last mentioned period, together with interest on such sum from the date on which the grant was made at such a rate as may be specified in the regulations;
(c) for providing that the conditions applied by the regulations to a dwelling- house or building shall cease to apply on payment to the Scottish Ministers, or to the Commission on behalf of the Ministers, by such person as may be specified in the regulations of such amount as may be so specified;
(d) for securing that, where any conditions apply to a dwelling-house or building by virtue of the regulations, the Secretary of State shall cause to be recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland a notice in a form prescribed by the regulations specifying the conditions which by virtue of the regulations apply to the dwelling-house or building; and that, where such conditions cease so to apply by virtue of such a payment ... as is referred to in paragraph (c) above, the Secretary of State shall cause to be so recorded or registered a notice in a form prescribed as aforesaid stating that the conditions no longer apply to the dwelling-house or building;
(e) for such other incidental and supplementary matters as appear to the Secretary of State to be requisite or expedient for the purposes aforesaid.
(7) The Secretary of State may make regulations providing that the conditions applied to any dwelling-house by regulations made under subsection (6) above shall not apply to such dwelling-house in such circumstances and to such extent as may be specified in the regulations made under this subsection.
(8) No grant under subsection (1) above, nor assistance under subsection (4) above, shall be given towards carrying out any works if assistance out of public money by way of grant or subsidy has been given under any other enactment towards the works in question.
(9) A person shall not be disqualified for receiving a grant under subsection (1) above nor assistance under subsection (4) above by reason only that, after he has applied for and the Secretary of State has undertaken to provide such assistance, he has become the owner of the croft in respect of which the application was made.
(9A) Any scheme under subsection (1) above or arrangements under subsection (4) above may provide that a person's economic status is a criterion for eligibility for grants payable under that scheme or those arrangements.
(10) If any person, for the purpose of obtaining for himself or any other person a grant ... under a scheme made under subsection (1) above or under arrangements made unde subsection (4) above, knowingly or recklessly makes a false statement he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
The Secretary of State shall have the like powers to provide assistance by way of grant for the erection, improvement or rebuilding of dwelling-houses and other buildings for cottars as he has to provide assistance for the erection, improvement or rebuilding of dwelling-houses and other buildings for crofters, and subsections (4), (6), (8), (9) and (10) of section 42 of this Act shall apply accordingly.
45 Former crofters and cottars who have acquired site of the dwelling-house.
(1) The Secretary of State may provide assistance under section 42(4) of this Act but not in respect of buildings other than dwelling-houses to—
(a) a person, being a crofter who has acquired the site of the dwelling-house on or pertaining to his croft after 10th June 1976;
(b) the nominee of such a person, being a member of his family, to whom the site was conveyed by the landlord of the croft;
(c) a member of such a person’s family who has acquired the title to the site from that person or such nominee;
(ca) an owner-occupier crofter;
(d) a person, being a cottar who has acquired the site of the dwelling-house on or pertaining to his subject after 10th June 1976,
...
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where a person other than the landlord was infeft in the site of the dwelling-house immediately before the conveyance, the reference in subsection (1)(b) above to the landlord shall be construed as a reference to the landlord and such other person for their respective rights.
(4) If any person, referred to in any of paragraphs (a) to (d) of subsection (1) above, for the purpose of obtaining for himself or any other person a grant ... under section 42(4) of this Act, knowingly or recklessly makes a false statement he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
46 Owner-occupiers of like economic status as crofters and other persons.
(1) The Secretary of State shall have the like powers to provide assistance by way of grant for the erection, improvement or rebuilding of buildings other than dwelling-houses or towards the provision or improvement of roads, or water or electricity or gas supplies for owner-occupier crofters and for owners of holdings to which subsection (2) below applies as he has to provide such assistance for crofters; and subsections (4), (6), (8) and (10) of section 42 of this Act shall apply accordingly.
(2) This subsection applies to any holding which—
(a) is situated in the crofting counties; and
(b) is either—
(i) a holding of which the area does not exceed 30 hectares, or
(ii) a holding of which the annual rent, if it were a croft let to a crofter under this Act, would not in the opinion of the Secretary of State exceed £100, or
(iii) a holding which exceeds 30 hectares and of which the annual rent if it were a croft so let would in the opinion of the Secretary of State exceed £100, but which in the opinion of the Secretary of State is not substantially larger than 30 hectares or is capable of being let as a croft at an annual rent not substantially in excess of £100; and
(c) is owned by a person who in the opinion of the Secretary of State uses his holding in a way which is substantially the same as that of a crofter ; and
(d) is occupied by the owner thereof.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The Secretary of State shall have the like power to provide financial assistance—
(a) for owner-occupier crofters; and
(b) for occupiers of holdings, other than crofts, situated in the crofting counties which are either holdings of which the area does not exceed 30 hectares (exclusive of any common pasture or grazing held therewith) or holdings the annual rent of which, if they were crofts let to crofters under this Act, would not, in the opinion of the Secretary of State, exceed £100, being occupiers who in the opinion of the Secretary of State use their holdings in a way which is substantially the same as that of a crofter ; and
(c) for occupiers of holdings, other than crofts, situated in the crofting counties which exceed 30 hectares (exclusive of any common pasture or grazing held therewith) and of which the annual rent if they were crofts so let would in the opinion of the Secretary of State exceed £100, but which in the opinion of the Secretary of State are not substantially larger than 30 hectares (exclusive of any common pasture or grazing held therewith) or are capable of being so let at an annual rent not substantially in excess of £100, being occupiers who in the opinion of the Secretary of State use their holdings in a way which is substantially the same as that of a crofter ; and
(d) for subtenants of crofts or parts of crofts occupying under subleases intimated or granted as mentioned in section 29(2) of this Act;
(e) for tenants of crofts or parts of crofts occupying under short leases granted as mentioned in section 29A,
as he has by virtue of subsection (1) of section 42 of this Act to provide financial assistance for crofters; and accordingly the said subsection (1) shall have effect as if the reference therein to crofts included a reference to such owner-occupied crofts and holdings and to parts of crofts and as if the reference therein to crofters included a reference to owner-occupier crofters, to occupiers of such holdings , to subtenants of crofts or parts of crofts and to tenants of crofts or parts of crofts occupying under such short leases .
(5) If any person, for the purpose of obtaining for himself or any other person, a grant ... under a scheme made under section 42(1) of this Act as applied by subsection (4) above, knowingly or recklessly makes a false statement he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
(1) The Scottish Ministers may in accordance with regulations made by them under subsection (2) below provide loans to—
(a) crofters;
(b) cottars;
(ba) owner-occupier crofters;
(c) owners of holdings to which section 46(2) of this Act applies.
(2) Regulations under this subsection may make provision as to—
(a) who is to be eligible for a loan;
(b) the amount which may be lent;
(c) the circumstances under which, and the purposes for which, a loan may be provided;
(d) the terms and conditions applicable to any loan;
(e) arrangements for recording documents in connection with a loan in the Register of Crofts, the Land Register of Scotland or the Register of Sasines;
(f) arrangements for recovery of any loan (whether or not in its entirety) when the borrower dies;
(g) arrangements for assignation of the borrower's liabilities in consequence of the borrower dying or no longer occupying the holding in respect of which the loan was provided.
47 Appointment, etc., of grazings committee or grazings constable.
(1) The crofters who share in a common grazing may from time to time, at a public meeting of which public notification has been given , appoint a grazings committee of such number as the meeting shall decide; and a person may be appointed to be a member of a grazings committee notwithstanding that he is not a crofter.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If the crofters who share in a common grazing fail at any time to appoint a grazings committee, the Commission may, after making such inquiry, if any, as they may deem necessary, appoint a grazings committee, or may appoint a person to be grazings constable; and a committee or constable so appointed shall have the like powers and duties as a grazings committee appointed under subsection (1) above.
(4) The term of office of the members of a grazings committee appointed under this section shall be 3 years, and at the expiry of that period a new grazings committee shall be appointed as aforesaid. A retiring member of a committee shall be eligible for re- election.
(5) A majority of the members of a grazings committee shall be a quorum; and any vacancy occurring in the membership of a grazings committee by reason of the death or resignation of a member shall be filled by nomination of the remaining members.
(6) A grazings committee appointed under subsection (1) above, or in the case of a grazings committee appointed under subsection (3) above the Commission, shall appoint some person, whether a member of the committee or not, to be the clerk of the committee.
(6A) A person so appointed (or appointed under subsection (8) below to be the clerk of the committee) is in this Act referred to as the “grazings clerk”.
(7) The term of office of a grazings constable appointed by the Commission under subsection (3) above shall be such as may be specified in the instrument by which he is appointed, and he shall receive such annual remuneration as the Commission may determine; and such remuneration shall be defrayed by an assessment levied in such manner as the Commission may deem reasonable on the crofters who share in the common grazing.
(8) If the Commission are satisfied, after making such inquiry, if any, as they may deem necessary, that any or all of the members ... of a grazings committee (however appointed under this section) are not properly carrying out the duties imposed on them (or that the grazings clerk is not properly carrying out the duties imposed on him) under this Act, the Commission may remove from office any or all such members or such clerk and may appoint or provide for the appointment of other persons (whether crofters or not) in their or his place.
(9) A grazings committee shall pay such annual remuneration to the grazings clerk as they may determine; and they may recover from the crofters sharing in the common grazing all expenditure incurred by them in paying such remuneration.
(10) For the purposes of the application of this Act to common grazings, any reference therein to a crofter shall include a reference to any person who, not being a crofter, is entitled to share in a common grazing along with crofters.
(1) It shall be the duty of a grazings committee—
(a) to maintain the common grazing and to provide, maintain and, if necessary, replace the fixed equipment required in connection with such maintenance and with the implementation of any proposal approved under section 50B(11) of this Act ;
(b) to carry out works for the improvement of such grazings and equipment;
(bb) to carry out works in implementation of any such proposal as is mentioned in paragraph (a) above;
(c) to make and administer, with a view to their due observance, regulations (in this Act referred to as “common grazings regulations”) with respect to the management and use of the common grazing :
Provided that nothing in paragraph (a) or (b) above shall preclude a grazings committee from performing the duties therein specified on land other than the common grazing .
(2) The grazings committee shall give notice to each crofter sharing in the common grazing of any proposals to carry out works in pursuance of the duty imposed by subsection (1)(b) or (bb) above, or to plant trees under subsection (4) below, and the proposed allocation of the expenditure to be incurred in respect of those works or, as the case may be, that planting among such crofters; and any such crofter may within one month of the date of such notice make representations in respect of the proposals or the proposed allocation to the Commission who may approve the proposals or proposed allocation with or without modifications or reject them.
(3) Notwithstanding section 29(2) or 29A(9) of this Act, subsection (2) above shall have effect in a case where such a right is sublet or, as the case may be, let as if any reference to a crofter included a reference to a crofter in whose place a subtenant or tenant has come; but no liability to meet expenditure incurred by a grazings committee in the performance of the duties imposed on them by subsection (1)(b) above shall be imposed on such a crofter in respect of any period during which such a subtenancy or tenancy subsists.
(4) Subject to section 50 of this Act and to subsections (5) and (6) below, where the grazings committee have obtained the approval and consent referred to in subsection (1) of that section they may plant trees on, and use as woodlands, any part of the common grazing in accordance with the approval and consent.
(4A) Where the grazings committee have obtained the approval referred to in subsection (6) of section 50B of this Act, they may, subject to any conditions imposed under subsection (11) of that section and for the time being in force (and to the approval not having been revoked), use any part of the common grazing in accordance with the proposal.
(5) Where any crofter who holds a right in the common grazing requests them to do so, the grazings committee shall exercise their power under subsection (4) above.
(6) The power of the grazings committee under subsection (4) above shall not be exercised in such a way that the whole of the common grazing is planted with trees and used as woodlands.
(6A) The powers of the grazings committee include the power to raise money (whether by borrowing or otherwise) for the purpose of implementing any proposal approved under section 50B(11) of this Act; but on any occasion they shall only exercise that power if a majority of the grazings committee vote to do so.
(7) A person appointed by the Commission shall have power to summon and to attend any meeting of a grazings committee for the purpose of advising them and otherwise assisting them in the performance of their duties.
(1) Every grazings committee shall, within 6 months after being required by the Commission so to do, make and submit to the Commission common grazings regulations.
(2) Without prejudice to the generality of the power conferred on a grazings committee by section 48(1)(c) of this Act, common grazings regulations shall make provision with respect to the following matters—
(a) the recovery by the grazings committee from the crofters sharing in the common grazing of all expenses incurred by the committee in maintaining the common grazing and in providing, maintaining or replacing any fixed equipment required in connection with such maintenance or with the implementation of any proposal approved under section 50B(11) of this Act ;
(b) the recovery by the grazings committee from such crofters of all expenses incurred by the committee in the performance of the duties imposed on them by subsection (1)(b) or (bb) , and the exercise of their powers under subsection (4), of section 48 of this Act according to the proposed allocation of expenditure referred to in subsection (2) of that section or, as the case may be, that allocation as approved or modified by the Commission under that subsection;
(c) the levying by the grazings committee on, and the recovery by them from, the crofters referred to in paragraph (a) above or, as the case may be, such of the crofters referred to in paragraph (b) above as are liable to pay any expenses as mentioned in that paragraph, in such proportions as may be specified in the regulations, such sums as will in the opinion of the committee be necessary to enable the committee to meet any expenses which they may incur in the performance of the duties imposed on them by paragraphs (a) to (bb) of section 48(1) of this Act;
(d) the number and the kind of stock which each crofter is entitled to put on the common grazing ;
(e) the alteration of individual soumings where works for the improvement of the common grazing or the fixed equipment required in connection therewith have been carried out and all the crofters have not contributed to the expenses incurred in carrying out such works;
(f) where appropriate, the cutting of peats and the collection of seaweed;
(g) subject to the provisions of this Act, the summoning of meetings of the grazings committee and the procedure and conduct of business at such meetings.
(3) Common grazings regulations may—
(a) restrict the use of any part of the common grazing on which works of improvement have been carried out to crofters who contribute towards the expenses incurred by the common grazings committee in carrying out those works;
(b) where the use of any part of the common grazing is restricted as aforesaid, regulate the number and kinds of stock which each contributing crofter may put on that part and the number and kinds of stock which each crofter (whether or not he is a contributing crofter) may put on the remainder of the common grazing .
(4) Common grazings regulations made by a grazings committee shall be of no effect unless confirmed by the Commission. The Commission may confirm with or without modification or refuse to confirm any common grazings regulations submitted to them for confirmation, and may fix the date on which the regulations are to come into operation; and if no date is so fixed, the regulations shall come into operation at the expiration of one month from the date of their confirmation.
(5) If a grazings committee fail within the time limited by subsection (1) above to make and submit to the Commission common grazings regulations or to make and submit to the Commission common grazings regulations which in the opinion of the Commission are sufficient and satisfactory, the Commission may themselves make such common grazings regulations, which shall have the like force and effect as if they had been made by the grazings committee and confirmed by the Commission.
(6) A grazings committee may from time to time, and, if so required by the Commission, shall within the time limited by such requirement, make further regulations amending the common grazings regulations for the time being in force, and subsections (4) and (5) above shall apply to any such amending regulations subject to any necessary modifications.
(7) Before confirming, making or amending regulations in accordance with the foregoing provisions of this section, the Commission shall consult the owner of the common grazing to which the regulations relate; and the Commission shall send a copy of any regulations so confirmed, made or amended to the owner and to the grazings committee.
(8) Common grazings regulations for the time being in force under this section shall have effect notwithstanding anything contrary thereto or inconsistent therewith contained in any lease or other agreement, whether entered into before or after the coming into force of such regulations.
(9) Nothing contained in a scheme a copy of which has been entered, under section 19A of this Act, in the Register of Crofts is, for the purposes of subsection (8) above, an agreement.
(1) Each grazings committee must report to the Commission on—
(a) the condition of the common grazing;
(b) the condition of every croft of a crofter sharing in the grazing;
(c) the condition of every owner-occupied croft of an owner-occupier crofter sharing in the grazing;
(d) any other matter the Commission may require.
(2) Where the committee consider that—
(a) a crofter sharing in the grazing is not complying with a duty mentioned in section 5AA, 5B or 5C;
(b) an owner-occupier crofter sharing in the grazing is not complying with a duty mentioned in section 19C(2),
the report under subsection (1) must also include information on that matter.
(3) A report under subsection (1) may also include information on any other matter affecting—
(a) the common grazing;
(b) crofting in any township associated with the grazing,
as the committee consider appropriate.
(4) The first report under subsection (1) must be submitted as soon as reasonably practicable after the end of the period of 1 year beginning with the day section 38 of the 2010 Act comes into force.
(5) Each subsequent report must be submitted as soon as reasonably practicable after the end of each successive period of 5 years.
(1) Where a grazings committee or any crofter who holds a right in the common grazing proposes that the committee should, in exercise of their power under section 48(4) of this Act, plant trees on, and use as woodlands, any part of the common grazing, the committee shall apply for—
(a) the approval of the Commission; and
(b) the consent of the owner of the common grazing,
to the use as woodlands of the part of the common grazing concerned.
(2) An owner's consent—
(a) shall be in writing;
(b) shall specify the part of the common grazing to which it relates;
(bb) may be given subject to conditions provided that those conditions are reasonable;
(c) shall be intimated to the Commission by the owner or the grazings committee;
(d) shall not take effect until it is entered in the Register of Crofts; and
(e) shall, when entered in that Register, be binding on the successors to the owner's interest.
(2A) An owner may refuse consent on (and only on) the grounds that implementation of the proposal would—
(a) adversely affect the exercise of any rights which he has under or by virtue of Schedule 2 to this Act;
(b) prevent an intended resumption by virtue of section 20(1) of this Act;
(c) be detrimental to the sound management of the estate which comprises the land;
(d) cause hardship to a crofter who shares in the common grazing;
(e) cause the owner undue hardship; or
(f) lessen significantly the amenity of (either or both)—
(i) the land;
(ii) its surrounding area;
and without prejudice to subsection (2B) below any refusal shall be in writing and shall specify the grounds of refusal.
(2B) If, within six weeks after application under subsection (1)(b) above, there has neither been written consent nor written refusal, the owner shall be deemed to have refused the application.
(2C) If, on an application—
(a) under sub-paragraph (i) of section 53(1)(e) in relation to a consent applied for under subsection (1)(b) above but refused, the Land Court is not satisfied that any of the grounds mentioned in subsection (2A) above has been made out, it may determine that the consent is to be deemed given, or
(b) under sub-paragraph (ii) of that section in relation to a consent so applied for but granted subject to a condition, the Land Court is not satisfied that the condition is reasonable, it may determine that the consent is to be deemed given—
(i) free of the condition; or
(ii) subject instead to a condition specified in the determination.
(3) An owner's consent shall cease to have effect if the grazings committee have not commenced planting of trees on the part of the common grazing to which the consent relates on the expiry of the period of seven years beginning with the date on which the consent is entered in the Register of Crofts.
(3A) The Commission shall, on receipt of any application under subsection (1)(a) above, consult as regards the proposal the owner, the crofters who share in the common grazing and such other persons as appear to the Commission to have an interest.
(3B) The reference in subsection (1) above to using as woodlands is to having the right to exclusive economic and recreational use, including (without prejudice to that generality)—
(a) felling, removing, selling and replacing the trees in question;
(b) collecting trimmings, fallen timber, foliage, sap, flowers, fruit, seeds or nuts for use or sale;
(c) grazing animals in the woodlands; and
(d) selling timber, timber products and other forestry products,
except that this subsection is without prejudice to any person's access rights (within the meaning of Part 1 of the Land Reform (Scotland) Act 2003 (asp 2)).
(3C) Where the owner's consent is, under subsection (2)(bb) above, subject to a condition that land be fenced, or otherwise enclosed, any expenditure incurred in complying with that condition (including expenditure incurred in that connection in maintenance, repair or renewal) shall be met—
(a) in a case where the applicant is the grazings committee, by that committee, and
(b) in any other case, jointly and severally by the crofters sharing in the common grazing.
(4) In this section, “owner's consent” means the consent of the owner referred to in subsection (1)(b) above (or a deemed such consent);
(5) This section is without prejudice to section 50A of this Act and is subject to the terms of any agreement under that section.
(1) A crofter who holds a right in a common grazing, or a grazings committee, may, with the agreement of the Commission, enter into a written agreement with the owner of the common grazing that they shall engage in a joint forestry venture to use woodlands as part of the common grazing concerned; and subject to subsection (4) below that agreement shall bind the parties to it and their successors.
(2) Subject to the terms of any agreement under subsection (1) above, where there are, on part of a common grazing which is to be used as woodlands by virtue of section 50 of this Act, trees other than such as are mentioned in paragraph 11(d) of Schedule 2 to this Act, the owner and the grazings committee may agree—
(a) that those trees are to be sold to the committee at current value; or
(b) that the owner is to be entitled to a share of the timber obtained from such use, being a share which is proportionate having regard to the numbers, respectively, of those trees and of the trees planted (or obtained from planned natural regeneration of the trees planted) in the course of such use.
(3) Where an agreement is entered into under subsection (1) or (2) above, a copy of that agreement shall be lodged with the Commission.
(4) The persons who for the time being are bound by the agreement in question may by written agreement lodged with the Commission under this subsection amend the agreement lodged under subsection (3) above (or as the case may be that agreement as last amended under this subsection).
(5) Any person who is for the time being bound by an agreement under subsection (2) above may appeal to the Land Court against a valuation carried out by virtue of paragraph (a), or the assessment of a share entitlement carried out by virtue of paragraph (b), of that subsection.
(6) In an appeal under subsection (5) above, the Land Court may reassess the value or entitlement in question.
(7) The valuer whose valuation is appealed against may be a witness in the appeal proceedings.
(8) In subsection (2)(b) above “planned natural regeneration” means regeneration which takes place in accordance with—
(a) an agreement entered into under or by virtue of this Act or of any other enactment; or
(b) the conditions of—
(i) any grant for purposes which include such regeneration and which is paid out of the Scottish Consolidated Fund; or
(ii) such other grant of a public nature as may be prescribed.
(1) A crofter who holds a right in a common grazing may propose to the grazings committee (or, if there is no grazings committee, to the grazings constable) that a part of the common grazing be used other than for—
(a) grazings or a purpose mentioned in section 52(9) of this Act; or
(b) woodlands.
(2) The use proposed must not be such as would be detrimental to—
(a) the use being made, as at the time of application, of the other parts of the common grazing; or
(b) the interests of the owner.
(3) On receipt of a proposal made under subsection (1) above the grazings committee (or as the case may be the grazings constable) shall, for the purpose of there being a discussion and vote on the proposal, summon a meeting of the crofters who share in the common grazing.
(4) Regulations under section 49(2)(g) of this Act shall, in relation to any meeting so summoned, provide that—
(a) the time, place and purpose of the meeting (including the proposal in question) should be—
(i) set out in a notice sent by registered post to each of those crofters and to the owner; and
(ii) intimated by public notification,
at least 28 days before the meeting; and
(b) the grazings committee (or grazings constable) shall, in sending such notice to the owner—
(i) invite him to give his views as to the proposal; and
(ii) afford him the opportunity to discuss it, at such reasonable time before the meeting as is convenient to him, with a member of the committee (or with the grazings constable);
(c) at the meeting any views so given (or disclosed in discussion) shall be made known to the crofters attending;
(d) subject to subsection (5) below, the vote on the proposal shall be by simple majority of the votes cast by the crofters attending (a crofter being entitled to a single vote for each share in the common grazing which he holds);
(e) the result of the vote shall be declared at the meeting; and
(f) the owner shall be advised by the grazings committee (or grazings constable), by written notice given within two weeks after the meeting takes place, of its outcome (that is to say, of whether the proposal has been accepted or rejected, of the number of crofters present, of the numbers of votes, including votes by proxy or by post, respectively for and against and of the number of crofters attending but abstaining) and, if the vote is in favour of the proposal, of what subsection (6) of this section requires to be done.
(5) A crofter who is unable to attend the meeting so summoned but who has notified the grazings committee (or grazings constable) of that circumstance may vote by proxy or by post (provided that any vote posted shall be valid only if received by the committee before the meeting).
(6) If the vote is in favour of the proposal the committee (or grazings constable) shall... apply to the Commission seeking their approval for its implementation.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies where—
(a) an owner of land to which this Act does not apply agrees to grant rights in any pasture or grazing land to the crofters sharing in a common grazing; and
(b) the owner and the crofters agree that such land will form part of the common grazing.
(2) The owner and the crofters may apply jointly to the Commission for a direction that the land is to form part of the common grazing.
(3) The Commission may make a direction if they are satisfied that the enlargement of the common grazing would be of benefit to the common grazing or the crofters sharing in it.
(4) Where the Commission make a direction in relation to an unregistered common grazing, the land forms part of the common grazing from the later of—
(a) the date of the direction; or
(b) the date on which the rights mentioned in subsection (1)(a) are first exercisable.
(5) Where the Commission make a direction in relation to a registered common grazing—
(a) the direction expires at the end of the period of 3 months beginning with the date on which the direction is made unless an application for registration of the enlargement of the common grazing is submitted by virtue of section 25 of the 2010 Act before the expiry of that period;
(b) the enlargement takes effect on the date of registration.
(1) The Commission shall have power, on the application of the owner of any eligible land, to constitute the land as a common grazing ....
(2) The Commission shall, on receipt of any such application, give public notification of it; and such notification shall specify a period within which comments as regards the application, being comments of the description given in subsection (10) below, may be made.
(3) After the period mentioned in subsection (2) above has elapsed the Commission—
(a) shall determine whether to exercise their power under subsection (1) above; and
(b) shall give public notification of that determination.
(4) In so determining the Commission shall have regard to—
(a) such written comments, if any, as are duly made by virtue of subsection (2) above;
(b) the public interest and the interests of the crofting community in the locality of the land; and
(c) whether social or economic benefits might be expected as a consequence of constituting the land as a common grazing.
(5) Land is eligible land for the purposes of subsection (1) above only if it is—
(a) neither tenanted nor occupied by a cottar;
(b) situated in the crofting counties but not constituted as a croft; and
(c) not adjacent or contiguous to a croft.
(6) The owner and the persons who are to share in the common grazing shall agree in writing what the use of the common grazing is to be; and subject to subsection (8) below that agreement shall bind –
(a) the owner and those persons; and
(b) the successors of the owner and of those persons;
and a copy of the agreement shall be lodged with the Commission.
(7) The use mentioned in subsection (6) above may be for (any or all)—
(a) grazings;
(b) a purpose mentioned in section 52(9) of this Act;
(c) woodlands;
(d) a purpose other than is mentioned in paragraphs (a) to (c) above,
and in the agreement different provision may be made for different parts of the common grazing.
(8) The persons who for the time being are the owner and the persons sharing in the common grazing may by written agreement lodged with the Commission under this subsection amend the agreement lodged under subsection (6) above (or as the case may be that agreement as last amended under this subsection).
(9) Section 6 of this Act applies in relation to land constituted as a common grazing under this section as it applies in relation to a croft.
(10) The description is that the comments are made in writing or in another form 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).
(11) For the purposes of subsection (10) above (and without prejudice to the generality of that subsection), comments are to be treated as made in writing where they are—
(a) transmitted by electronic means;
(b) received in legible form; and
(c) capable of being used for subsequent reference.
(1) Subsection (2) applies where the Commission make a determination to exercise their power under section 51A(1) to constitute land as a common grazing.
(2) The application for registration of the land in the Crofting Register must not be forwarded to the Keeper under section 26(4) of the 2010 Act—
(a) until the period mentioned in section 52A(2)(b) has expired without any appeal to the Land Court being made; or
(b) where such an appeal is made, until it is abandoned or the Court confirms the Commission's determination under section 51A(1).
52 Miscellaneous provisions as to common grazings, as to lands held runrig, and as to use by crofters of peat bogs, etc.
(1) Where it is averred by the grazings committee or the owner that a person has contravened, or failed to comply with, any common grazings regulations for the time being in force under section 49 of this Act, the committee or as the case may be the owner may apply to the Commission for a determination in the matter.
(1A) On receipt of an application made under subsection (1) above the Commission—
(a) shall serve notice on the person of the averment; and
(b) shall send a copy of that notice to the grazings committee and to the owner.
(1B) The person, the committee and the owner shall all be afforded the opportunity to make representations as regards the averment and if the Commission think fit the Commission may hear evidence in the matter.
(1C) If the Commission determine that the averred contravention or failure has occurred they may require the person—
(a) to conform with the regulation in question, and
(b) to make good, within such reasonable period as they shall specify, any damage which has directly resulted from the occurrence.
(1D) Where—
(a) a requirement imposed under subsection (1C) above is not complied with (and subsection (1E) below does not apply), the Commission—
(i) may determine that all or part of the person's share in the common grazing is suspended for such period as they shall specify; and
(ii) if the non-compliance consists in a failure to make good damage within the period specified under subsection (1C)(b) above, may require it be made good within such further period as they may specify,
(b) all requirements imposed under subsection (1C)(a) above and any requirement imposed under sub-paragraph (ii) of paragraph (a) above (whether or not as that sub-paragraph applies by virtue of subsection (1E)(a) below) are complied with, the Commission may end a suspension imposed under sub-paragraph (i) of that paragraph.
(1E) Where, while all or part of the person's share in the common grazing is suspended by virtue of subsection (1D)(a)(i) above, a requirement imposed under subsection (1C)(a) above is not complied with as regards so much of the share as is not suspended, or as the case may be a requirement imposed under subsection (1D)(a)(ii) above is not complied with, the Commission—
(a) may (but on one occasion only) extend either or both periods mentioned in subsection (1D)(a) above; or
(b) may—
(i) determine that all or part of the person's share is terminated; and
(ii) apportion the share or part to other persons sharing in the common grazing.
(1EA) Where the Commission make a determination under subsection (1E) that all or part of a person's share in a registered common grazing is terminated—
(a) the Commission must, as soon as reasonably practicable after making the determination, submit an application for registration of the termination by virtue of section 25 of the 2010 Act;
(b) the termination takes effect on the date of registration.
(1EB) Any apportionment of all or part of a person's share in a registered common grazing under subsection (1E) above takes effect, as respects an application for registration of the apportionment by virtue of section 25 of the 2010 Act, on the date of registration.
(1F) Reference in this section to a share in the common grazing includes reference to any rights and privileges pertaining to that share.
(2) Where it is prescribed by the common grazings regulations applicable to the common grazing of a township that the right of a crofter to share in such grazing shall be conditional on his making his croft available during the winter season for the accommodation of any stock belonging to other persons sharing in such grazing , any crofter may apply to the grazings committee for their consent to the exclusion of such stock from his croft or from part thereof, and if he is dissatisfied with the decision of the committee on such application he may appeal therefrom to the Commission.
Any consent given under this subsection by a grazings committee or, on appeal, by the Commission may be given subject to such conditions, if any, as the committee or the Commission, as the case may be, may think proper.
(3) The Commission may, on the application of any crofters interested, after consultation with the grazings committee, apportion a common grazing shared by two or more townships into separate parts for the exclusive use of the several townships or may apportion a part of such grazing for the exclusive use of one of the townships.
(3A) In relation to a registered common grazing—
(a) any apportionment of the common grazing under subsection (3) expires at the end of the period of 3 months beginning with the date on which the common grazing was so apportioned unless an application for registration of the apportionment is submitted by virtue of section 25 of the 2010 Act before the expiry of that period;
(b) the apportionment takes effect on the date of registration.
(4) The Commission may, on the application of any crofter who holds a right in a common grazing, and after consultation with the grazings committee, apportion a part of the common grazing (including the site of the dwelling-house of the crofter so applying if situated on the common grazing), other than a part on which the grazings committee have planted trees and which they are using as woodlands under section 48(4) of this Act, for the exclusive use of the applicant.
(5) An application under subsection (4) above shall be competent notwithstanding that every part of the grazing except the part in respect of which the application is made has already been apportioned under that subsection.
(5A) Where an application is made under subsection (4) by the crofter of an unregistered croft, the Commission—
(a) may not apportion a part of the common grazing 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 to apportion a part of the common grazing was made;
(b) need not, during that 6 month period, consider the application to apportion a part of the common grazing until an application for first registration of the croft is submitted.
(5B) Where an application under subsection (4) by the crofter of a registered croft (other than a first registered croft) is granted—
(a) the apportionment of a part of the common grazing expires at the end of the period of 3 months beginning with the date on which the part was so apportioned unless an application for registration of the apportionment is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the apportionment takes effect on the date of registration.
(5C) In relation to a registered common grazing—
(a) any apportionment of a part of the common grazing under subsection (4) expires at the end of the period of 3 months beginning with the date on which the part was so apportioned unless an application for registration of the apportionment is submitted by virtue of section 25 of the 2010 Act before the expiry of that period;
(b) the apportionment of the part takes effect on the date of registration.
(5D) But subsection (5C) does not apply to an apportionment which takes effect by virtue of subsection (5B).
(6) Where the Commission in pursuance of subsection (3) or (4) above apportion to a township or to an individual a part of a common grazing for its or his exclusive use, they may make the apportionment subject to such conditions, including conditions with respect to the fencing or the draining of the apportioned part, as they may think fit.
(7) Notwithstanding anything in the Ground Game Act 1880, it shall be lawful for the crofters interested in a common grazing or in a part of a common grazing apportioned under subsection (3) above—
(a) to appoint not more than two of their number; and
(b) to authorise in writing one person bona fide employed by them for reward,
to kill and take ground game on the common grazing or the part thereof, as the case may be; and for the purposes of the said Act of 1880 any person appointed as aforesaid shall be deemed to be the occupier of the common grazing or the part thereof, but shall not have the right to authorise any other person to kill and take ground game, and any person authorised as aforesaid shall be deemed to have been authorised by the occupier of the common grazing or the part thereof to kill and take ground game with firearms or otherwise.
(7A) Any transfer by a person who holds a right in a registered common grazing of that right to another person takes effect, as respects an application for registration of the transfer by virtue of section 25 of the 2010 Act, on the date of registration.
(8) The Commission may, on the application of any landlord or crofter interested, apportion lands held runrig among the holders thereof in such manner and subject to such conditions as appears to the Commission in the circumstances of the case to be just and expedient.
(8A) Subsection (5C) applies to an apportionment under subsection (8) of registered lands held runrig as it applies to an apportionment under subsection (4) of a part of a registered common grazing, with the modification that the reference to section 25 is to be construed as a reference to section 32.
(9) The Commission may draw up a scheme regulating the use by crofters on the same estate of peat bogs, or of seaweed for the reasonable purposes of their crofts, or of heather or grass used for thatching purposes, and the charge for the use of all or any of these may be included in the rents fixed for the crofts.
(10) Without prejudice to the generality of subsections (3), (4) and (8) above, the Commission may under any of those subsections (either or both)—
(a) apportion a part for a period;
(b) determine that an apportionment shall be subject to review at fixed intervals,
which they shall specify.
(11) The Commission may extend any such period as is mentioned in subsection (10)(a) above on the application of the township which, or as the case may be the crofter who, has exclusive use.
(11A) In relation to a registered common grazing—
(a) any extension under subsection (11) of the period for which a part of a registered common grazing is apportioned ceases to have effect at the end of the period of 3 months beginning with the date on which the period was so extended unless an application for registration of the extension is submitted by virtue of section 25 of the 2010 Act before the expiry of that 3 month period;
(b) the extension takes effect on the date of registration.
(11B) Subsection (11A) applies to registered land held runrig as it applies to a registered common grazing, with the modification that the reference to section 25 is to be construed as a reference to section 32.
(12) Without prejudice to subsection (10)(b) above, the Commission may, on the application of that township or crofter or of the grazings committee or owner—
(a) review an apportionment made in pursuance of subsection (3) or (4) above;
(b) (whether or not on such review)—
(i) vary or revoke any condition imposed under subsection (6) above;
(ii) impose a new condition under that subsection;
(iii) bring an apportionment made as mentioned in paragraph (a) above to an end.
(12A) Subsection (12B) applies to an application by the crofter of a registered croft (other than a first registered croft) made under subsection (12) to bring to an end an apportionment made in pursuance of subsection (4).
(12B) Where the application is granted—
(a) the granting of the application expires at the end of the period of 3 months beginning with the date of the granting unless an application for registration of the bringing to an end of the apportionment is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;
(b) the bringing to an end of the apportionment takes effect on the date of registration.
(12C) Where it is determined under subsection (12)(b)(iii) that an apportionment of a registered common grazing is to come to an end, the apportionment comes to an end, as respects an application for registration of the bringing of it to an end by virtue of section 25 of the 2010 Act, on the date of registration.
(12D) But subsection (12C) does not apply to an apportionment the bringing to an end of which takes effect by virtue of subsection (12B).
(13) Where—
(a) a period of apportionment fixed under subsection (10)(a) above (or so fixed and extended under subsection (11) above) comes to an end; or
(b) it is determined on review under subsection (10)(b) above, or is determined under subsection (12)(b)(iii) above, that an apportionment is to come to an end,
the land in question reverts to being a common grazing.
(14) Where land reverts under subsection (13) above, the Commission may, having regard to the rights held in the common grazing immediately before the apportionment in question, make such determination as they consider equitable as to shares in the common grazing.
(14A) Any determination under subsection (14) takes effect, as respects an application for registration of the making of the determination by virtue of section 25 of the 2010 Act, on the date of registration.
(15) Subsections (10) to (14A) above do not apply as respects land constituted as common grazing under section 51A of this Act.
(1) An appeal shall lie to the Land Court, on one or more of the grounds mentioned in subsection (3) below, against—
(a) any decision, determination or direction of; or
(b) the imposition of a condition by,
the Commission on an application made to them under this Act.
(2) The appeal—
(a) is to be made..., at the instance of the applicant or of any person with an interest in the application; and
(b) must be brought within 42 days after the Commission dispose of the application.
(3) The grounds are that the Commission, in reaching their decision or as the case may be in determining as they did, in making their direction or in imposing the condition in question—
(a) erred on a point of law;
(b) made a finding as to a fact material to the decision, determination, direction or imposition but did not have sufficient evidence on which to base that finding;
(c) acted contrary to natural justice,
(d) took into account certain irrelevant or immaterial considerations;
(e) failed to take into account certain relevant or material considerations;
(f) exercised their discretion in an unreasonable manner.
(4) In an appeal under subsection (1) above the Court may—
(a) confirm the decision, determination, direction or imposition;
(b) direct the Commission to come to a different decision, make a different determination or direction or impose a different (or no) condition; or
(c) remit the case to the Commission without so directing them.
(4A) The Court may, if it considers it appropriate in consequence of any decision on an appeal under subsection (1), order the Keeper to rectify the Crofting Register.
(4B) The Commission may be a party to any appeal to the Land Court under this Act or in any proceedings on a question coming before that Court on an application under section 53(1) of this Act.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Subsections (1), (2) and (4) above do not apply where an appeal lies under section ... 25(8) or 38A of this Act.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Without prejudice to any jurisdiction exercisable by it under any enactment, the Land Court shall have power to determine, either on the application of any person having an interest or on a reference made to it by the Commission, any question of fact or law arising under this Act including, without prejudice to the said generality—
(a) the question whether any holding is a croft;
(b) the question who is the tenant of any croft;
(c) any question as to the boundaries of a croft or of any pasture or grazing land a right in which forms part of a croft;
(d) the question whether any land is or forms part of a common pasture or grazing to which this Act applies:
(e) the question—
(i) whether any of the grounds mentioned in subsection (2A) of section 50 of this Act as grounds for refusing consent applied for under subsection (1) of that section is made out; or
(ii) whether conditions subject to which any such consent is given are reasonable
Provided that the Land Court shall not have power under this subsection to determine—
(i) any question of a kind reserved by this Act to a court other than the Land Court;
(ia) any question that may be raised under section 14(1) of the 2010 Act (including a question that could have been raised under that section had an application been made before the end of the period mentioned in section 12(5) of that Act);
(ii) (other than on a reference made to it by the Commission) any question arising by virtue of an application to the Commission under this Act; or
(iii) any other question (other than a question of law), if it is a question decided by the Scottish Ministers or the Commission in the discharge of any of their respective functions under this Act.
(2) The Land Court shall cause intimation to be made to the Commission of its determination on any question coming before it under subsection (1) above .
(3) The Court may, if it considers it appropriate in consequence of any determination under subsection (1), order the Keeper to rectify the Crofting Register.
Where an application is made to the Land Court to determine a question under section 53(1)(c) of this Act and the evidence available to the Court is insufficient to enable any boundary to be clearly determined, the Court shall declare the boundary to be that which in all the circumstances it considers appropriate.
(1) Where a crofter considers that—
(a) he requires access from a public road to his croft; and
(b) it would be reasonable for such access to be taken by a route lying wholly over land owned by his landlord,
the crofter may make application to the Land Court for an order under subsection (2) below.
(2) On an application under subsection (1) above, the Land Court shall make such order as it considers appropriate in all the circumstances, and the order may in particular make provision—
(a) specifying an access route from the public road to the croft lying wholly over land owned by the landlord;
(b) as to the arrangements under which the crofter may carry out works to construct or improve a road over the access route;
(c) as to the conditions subject to which access may be exercised, including conditions as to what types of vehicle may be taken along the access route;
(d) requiring the crofter to indemnify the landlord in respect of any claim for compensation made against the landlord under paragraph 11 of Schedule 2 to this Act in consequence of works such as are described in paragraph (b) above;
(e) requiring the crofter to make a payment to the landlord in respect of expenses incurred by the landlord in connection with matters which are the subject of the application.
(3) Any order under subsection (2) above shall have effect as if the matters for which the order makes provision had been the subject of an agreement between the crofter and the landlord.
(4) The right of a crofter to make application to the Land Court under subsection (1) above shall be without prejudice to any other right which that crofter may have in connection with access to his croft.
(1) Any notice for the purposes of this Act shall be in writing, and any notice or other document required or authorised by or under this Act to be given to or served on any person shall be duly given or served if it is delivered to him or left at his proper address or sent to him by post.
(1A) A notice or other document is sent by post under this section if—
(a) in the case of an individual, it is sent by registered post or the recorded delivery service, addressed to that person at that person's usual or last known address or, where the person has given an address for service, at the address so given;
(b) in any other case, by sending it by registered post or the recorded delivery service, addressed to that person at the person's registered or principal office.
(2) Where any notice or other document is to be given to or served on a person as being the person having any interest in land and it is not practicable after reasonable inquiry to ascertain his name or address, the notice or document may be given or served by addressing it to him by the description of the person having that interest in the land (naming it) and delivering the notice or document to some responsible person on the land or by affixing it, or a copy of it, to some conspicuous object on the land.
(1) For the purposes of this Act, public notification shall be given by publishing or causing to be published a notice in appropriate form in one or more newspapers circulating in the district in which the croft or, as the case may be, common grazing to which the application relates (or in the case of public notification under section 50B(4)(a)(ii) the regulations relate) is situated.
(2) A notice is in appropriate form if—
(a) its form and content comply, or do so as far as is reasonably practicable, with the form and content specified by the Commission for an application of that type (or as the case may be for regulations under section 49(2)(g) of this Act); and
(b) it specifies—
(i) the purpose of the application to which it relates (or in the case of regulations the matters which are required to be set out in it by virtue of section 50B(4)(a)(i) of this Act);
(ii) a description of the croft land or, as the case may be, common grazing to which the application relates (or regulations relate); and
(iii) in the case of an application, the period during which, and manner in which, objections may be made.
(3) Where, in accordance with the provisions of this Act, a person giving public notification is also required to serve notice on a landlord, tenant or occupier of croft land to which the application relates or, if applicable, on the owner of, or a crofter sharing in, the common grazing, such notice shall be in the form required by subsection (2) above.
(1) Any person authorised by the Secretary of State or the Commission in that behalf shall have power at all reasonable times to enter on and inspect any land for the purpose of determining whether, and if so in what manner, any of the powers conferred on the Secretary of State or the Commission by this Act or, in the case of the Commission, by the 2010 Act are to be exercised in relation to the land, or whether, and if so in what manner, any direction given under any such power has been complied with.
(2) Any person authorised as aforesaid who proposes to exercise any power of entry or inspection conferred by this Act shall if so required produce some duly authenticated document showing his authority to exercise the power.
(3) Admission to any land shall not be demanded as of right in the exercise of any such power as aforesaid unless in the case of land being used for residential purposes 7 days, or in the case of any other land 24 hours, notice of the intended entry has been given to the occupier of the land.
(4) Any person who obstructs any person authorised by the Secretary of State or the Commission exercising any such power as aforesaid 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.
57 Provisions as to compulsory purchase of land and as to management of land.
(1) Where by virtue of any provision of this Act the Secretary of State is deemed to be authorised to purchase land compulsorily, then in relation to any such compulsory purchase the Lands Clauses Acts and other enactments mentioned in Part I of Schedule 2 to the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947, shall be incorporated in accordance with the provisions of the said Part I as if the Secretary of State had been authorised under section 1 of that Act to purchase the land compulsorily; and the Land Compensation (Scotland) Act 1963 shall have effect in relation to any such compulsory purchase subject to the provisions of Part II of that Schedule, of the proviso to section 23(9) of this Act and of subsection (2) below.
(2) The power conferred by section39 of the Land Compensation (Scotland) Act 1963 to withdraw a notice to treat shall not be exercisable in the case of a notice to treat which is deemed to have been served by virtue of section 23(9) or 39(9) or (10) of this Act.
(3) The Secretary of State may manage, farm, sell, let or otherwise deal with or dispose of land acquired by him under this Act in such manner as appears to him expedient for the purpose for which it was acquired.
(1) Any enactment in this Act providing, in relation to the taking of any action by the Secretary of State, for his taking the action after affording to a person an opportunity of making representations to the Secretary of State shall be construed as a provision that the Secretary of State shall comply with the following requirements.
(2) The Secretary of State shall give notice to the said person specifying the matter under consideration and informing him of the effect of subsection (3) below.
(3) A person to whom notice is given as aforesaid may within the time specified in the notice make representations to the Secretary of State in writing, and, whether or not representations are made to the Secretary of State in writing, may within the time so specified require that an opportunity be afforded to him of being heard by a person appointed by the Secretary of State for the purpose; and, if he so requires, such an opportunity shall be afforded to him and, on the same occasion, to any other person to whom under the enactment referred to in subsection (1) above the Secretary of State is required to afford such an opportunity, and the Secretary of State shall not take action in relation to the matter until he has considered any representations made as aforesaid.
(4) Where any enactment in this Act provides in relation to the taking of any action by the Commission for their taking the action after affording to a person an opportunity of making representations to them, the provisions of this section shall have effect in relation thereto with the substitution for references to the Secretary of State of references to the Commission.
(1) Any requirement, under or by virtue of this Act, to obtain the approval or consent of the Commission, shall (subject to any express provision made by this Act in respect of any category of case) be complied with as follows.
(2) The application for approval or consent must—
(a) be in such form; and
(b) be accompanied by such documents and fee,
as the Commission shall specify; and the Commission may make different provision for different categories of case.
(3) Subject to subsection (5B), The person making the application shall—
(a) forthwith give public notification of it; and
(b) if he is not the landlord (or, where the land to which the application relates is, or is part of, a common grazing, not the owner) give written notification of it to the landlord (or to the owner).
(4) Within 28 days after public notification of an application made in compliance with subsection (2) above—
(a) the landlord (or where the land to which the application relates is, or is part of, a common grazing, the owner);
(b) any member of the crofting community in the locality of that land (including, where that land is, or is part of, a common grazing, the grazings committee or any crofter who shares in the grazing); ...
(c) any other person if he is identified for the purposes of this subsection by the provision which imposes the requirement mentioned in subsection (1) above; or
(d) any other person the Commission consider has a relevant interest in the application,
may submit to the Commission an objection as regards the application, being an objection of the description given in subsection (16) below.
(5) The 28 days mentioned in subsection (4) above include the day on which the notification in question is given.
(5A) Despite subsection (4), the Commission may accept an objection submitted after the end of the 28-day period if they consider there is a good reason why the objection is late.
(5B) Where the application is an application for consent to divide a croft under section 9 made by an executor under section 10(4A)—
(a) subsections (3) to (5A);
(b) in subsection (6), the words “When those 28 days have elapsed”;
(c) in subsection (12A), paragraph (b); and
(d) subsections (16) and (17),
do not apply.
(6) When those 28 days have elapsed the Commission must, subject to subsection (6A), decide the application by —
(a) granting it;
(b) granting it subject to conditions; or
(c) refusing it.
(6A) Where—
(a) the application for consent to divide the croft is made by an executor under section 10(4A); and
(b) it relates to a bequest of the tenancy of the part of the croft comprising the site of the dwelling-house on or pertaining to the croft to one natural person and the tenancy of the remaining part to one other such person,
the Commission must grant the application (whether or not subject to conditions).
(7) In considering their decision on the application, the Commission must have regard to the following—
(a) in the case of an application relating to a croft—
(i) whether any person is or will be ordinarily resident on, or within 32 kilometres of, the croft;
(ii) whether the croft is being or will be cultivated or put to such other purposeful use as is consented to under section 5C(4);
(b) the interests of the estate which comprises the land to which the application relates;
(c) the interests of the crofting community in the locality of that land;
(d) the sustainable development of that crofting community;
(e) the interests of the public at large;
(f) any objections received under subsection (4) or (5A);
(g) any plan of the Commission approved and published under section 2C;
(h) any other matter which the Commission consider relevant.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) Subject to any other provision of this Act as to procedure, the Commission may determine by such procedure and arrangements (including arrangements as to delegation and the powers and duties of persons delegated) as they consider appropriate whether or not to grant the approval or consent applied for or grant it subject to conditions .
(12) Where the Commission grant the approval or consent applied for they shall enter the proposal or the matter consented to (and if and in so far as they think fit any information obtained by them by virtue of subsection (2) above and pertaining to that proposal or matter) in the Register of Crofts ....
(12A) The Commission must, before the expiry of the period of 21 days beginning with the day on which the decision under subsection (6) is taken, give notice of that decision—
(a) to the applicant;
(b) to any person who objected under subsection (4) or (5A); and
(c) where appropriate and in so far as not already given notice under paragraph (a) or (b), to—
(i) the crofter;
(ii) the owner-occupier crofter;
(iii) the landlord; and
(iv) as the case may be, the grazings committee.
(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(16) The description is that the objection is made in writing or in another form 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).
(17) For the purposes of subsection (16) above (and without prejudice to the generality of that subsection), an objection is to be treated as made in writing where it is—
(a) transmitted by electronic means;
(b) received in legible form; and
(c) capable of being used for subsequent reference.
58B Variation of conditions on approval or consent
(1) This section applies where the Commission grant, subject to conditions, an application under section 58A for their approval or consent.
(2) The Commission may, on an application to them by the person who applied for the approval or consent (the “original applicant”), modify the conditions imposed by—
(a) varying a condition;
(b) removing a condition;
(c) adding a condition,
as they consider appropriate.
(3) Where the Commission so modify conditions they must, before the expiry of the period of 14 days beginning with the day on which they do so, give notice of their decision to—
(a) the original applicant;
(b) any other person who was given written notification under section 58A(12A) of the decision to grant the approval or consent subject to conditions; and
(c) any other person the Commission consider has a relevant interest.
(4) Subject to subsection (5), subsections (2) to (5A), (16) and (17) of section 58A apply to an application under subsection (2) of this section as they apply to an application under subsection (1) of that section.
(5) Where the original applicant is an executor who applied under section 10(4A) for consent to divide a croft under section 9, subsections (3) to (5A), (16) and (17) do not apply.
(1) The expenses of the Commission shall be defrayed by the Secretary of State.
(2) All expenses incurred by the Secretary of State under the provisions of this Act shall be defrayed out of moneys provided by Parliament.
(3) All sums received by the Secretary of State under the provisions of this Act shall be paid into the Consolidated Fund.
(1) The Commission shall discharge their functions in a manner which encourages equal opportunities and, in particular, the observance of the equal opportunities requirements.
(2) In subsection (1) above, “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).
(1) Any power conferred by this Act on the Scottish Ministers to make regulations or orders is exercisable by statutory instrument.
(2) Subject to subsection (3), a statutory instrument containing such regulations or such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(3) No statutory instrument containing—
(a) an order under—
(i) section 2A(1);
(ii) section 5B(6);
(iii) section 19C(8);
(iv) paragraph 3(6) of schedule 1;
(b) regulations under paragraph 7(1) of schedule 1,
may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
(1) In this Act, unless the context otherwise requires—
“the 1955 Act” means the Crofters (Scotland) Act 1955;
“the 1964 Act” means the Succession (Scotland) Act 1964;
“the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;
“ the 2010 Act ” means the Crofting Reform (Scotland) Act 2010 (asp 14);
“authority possessing compulsory purchase powers” has the same meaning as in the 1972 Act;
“the Commission” means the Crofting Commission;
“cottar” has the meaning assigned by section 12(5) of this Act;
“ croft ” —
in relation to a croft other than one registered in the Crofting Register, has the meaning given by section 3;
in relation to a croft registered in that register, has the meaning given by section 3ZA(2)(a);
“ crofter ” —
in relation to a croft other than one registered in the Crofting Register, has the meaning given by section 3;
in relation to a croft registered in that register, has the meaning given by section 3ZA(2)(c);
“ crofting community ” means all the persons who (either or both)—
occupy crofts within a township which consists of two or more crofts registered with the Crofters Commission;
hold shares in a common grazing associated with that township;
“crofting counties” means the former counties of Argyll, Caithness, Inverness, Orkney, Ross and Cromarty, Sutherland and Zetland;
“croft land” has the meaning assigned to it by section 12(3) of this Act;
“ cultivate ” has the meaning given by section 5C(8);
“ date of registration ” (other than in section 3) is to be construed in accordance with section 8(5) of the 2010 Act;
“development” has the same meaning as in section 26 of the 1997 Act, except that it includes the operations and uses of land referred to in paragraphs (a) and (e) of subsection (2) of that section;
“ enactment ” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;
“ first registered croft ” means a croft mentioned in section 5(2) of the 2010 Act;
“ first registration ” , in relation to an unregistered croft or unregistered owner-occupied croft, means the registration of the croft or owner-occupied croft in the Crofting Register;
“fixed equipment” has the like meaning as in the Agricultural Holdings (Scotland) Act 1991;
“functions” includes powers and duties;
“ Keeper ” means the Keeper of the Registers of Scotland;
“Land Court” means the Scottish Land Court;
“landlord” means—
in relation to a croft other than one registered in the Crofting Register , any person for the time being entitled to receive the rents and profits, or to take possession of, the croft;
in the case of a croft registered in that register, the person for the time being entered in the registration schedule of the croft as the landlord of it;
in relation to the site of the dwelling-house on or pertaining to the subject of a cottar—
where the cottar is the tenant of the subject, any person for the time being entitled to receive the rents and profits, or to take possession of the site, and
where the cottar is the occupier of the subject who pays no rent, the owner thereof;
“ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);
“National Trust for Scotland” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935;
“ owner-occupied croft” and “owner-occupier's croft ” have the meanings given by section 19B(5);
“owner-occupier crofter” is to be construed in accordance with section 19B(1) to (4);
“permanent improvement” shall be construed in accordance with section 30(7) of this Act;
“prescribed” means prescibed by regulations made by the Secretary of State;
“predecessors in the tenancy” means in relation to a crofter the persons who before him have been tenants of the croft since it was last vacant;
“ public notification ” has the meaning given by section 55A of this Act;
“ purposeful use ” has the meaning given by section 5C(8);
“ registered ” , in relation to a croft, an owner-occupied croft or a common grazing, means registered in the Crofting Register; and “unregistered” and other cognate expressions are to be construed accordingly;
“ registration schedule ” means the registration schedule of the croft made up and maintained under section 11(1) of the 2010 Act;
“statutory successor” means any person who under this Act has succeeded or may succeed to a croft whether as a person to whom the tenancy of the croft has been transferred in pursuance of section 16(2) of the 1964 Act or as the executor, heir-at-law, legatee or assignee of his immediate predecessor being a crofter in occupation of the croft;
“the site of the dwelling-house” has the meaning assigned to it by section 12(4) of this Act;
“Whitsunday” and “Martinmas” mean respectively 28th May and 28th November.
“ woodlands ” includes woodlands created by planned natural regeneration (as defined by section 50A(8) of this Act)
(2) Any reference in this Act to a member of a person’s or crofter’s or former crofter’s or deceased crofter’s family is a reference to the individual in question's—
(a) spouse or civil partner (or cohabitant provided that the individual has no spouse or civil partner and that the cohabitation has included cohabitation for at least two years in a dwelling-house on or pertaining to the croft);
(b) sibling;
(c) sibling's spouse or civil partner;
(d) spouse's or civil partner's sibling;
(e) father;
(f) mother;
(g) son;
(h) daughter;
(i) son's or daughter's spouse or civil partner;
(j) grandchild;
(k) grandchild's spouse or civil partner;
(l) aunt;
(m) uncle;
(n) nephew; or
(o) niece.
(3) In subsection (2)(a) above, and in the definition of “son” or “daughter” in subsection (4) below, the reference to an individual's cohabitant is to a person, whether or not of the same sex as the individual, who lives with the individual as if—
(a) in a married relationship; or
(b) in civil partnership.
(4) In subsection (2) above—
“sibling” includes a sibling by virtue only of adoption, marriage or civil partnership and a sibling of the half blood;
“son”, “daughter” or “grandchild” includes a person so related by virtue only of adoption, marriage or civil partnership; and
“son” or “daughter” includes a son, or as the case may be a daughter, of the individual's cohabitant provided that such son or daughter resides with the individual and that such residence has included residence for at least two years in a dwelling-house on or pertaining to the croft.
This Act shall apply to land an interest in which belongs to Her Majesty in right of the Crown and land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, but in its application to any land an interest in which belongs or is held as aforesaid this Act shall have effect subject to such modifications as may be prescribed.
63 Transitional provisions and savings, and repeals.
(1) The transitional provisions and savings contained in Schedule 6 to this Act shall have effect.
(2) The enactments—
(a) specified in Part I of Schedule 7 to this Act so far as they apply in the crofting counties;
(b) specified in Part II of that Schedule,
are hereby repealed to the extent specified in column 3 of that Schedule.
(1) This Act may be cited as the Crofters (Scotland) Act 1993.
(2) Subject to section 28(17) of this Act, this Act shall come into operation on the expiration of 2 months commencing with the date on which it is passed.
(3) This Act extends to Scotland only.
(introduced by section 1(6))
Status
1 (1) The Commission are a body corporate.
(2) The Commission are not to be regarded as a servant of the Crown, nor are they to be regarded as having any status, privilege or immunity of the Crown.
(3) The Commission's members and employees are not to be regarded as civil servants.
(4) The Commission's property is not to be regarded as property of, or held on behalf of, the Crown.
General powers
2 (1) The Commission may do anything which they consider is necessary or expedient for the purpose of exercising or in connection with their functions.
(2) In particular, the Commission may—
(a) co-operate with any person in the exercise of the Commission's functions;
(b) with the approval of the Scottish Ministers, acquire and dispose of land and other property;
(c) enter into contracts;
(d) charge, in respect of such of their functions as may be prescribed by the Scottish Ministers, such reasonable amounts as may be so prescribed.
Membership
3 (1) Subject to sub-paragraph (2), the Commission are to consist of no fewer than five and no more than nine members as follows—
(a) no fewer than two persons appointed by the Scottish Ministers (“appointed members”); and
(b) no more than six persons elected by virtue of paragraph 7 (“elected members”).
(2) The majority of members are to be elected members unless, by virtue of the appointment of a person by the Scottish Ministers under paragraph 6(3) or 9(3), such a majority cannot be maintained.
(3) The Scottish Ministers must select a member to chair the Commission (the “convener”).
(4) The Scottish Ministers may delegate to the Commission the duty to select a member to chair the Commission.
(5) A delegation under sub-paragraph (4) may be varied or revoked at any time.
(6) The Scottish Ministers may, by order, modify sub-paragraph (1) above to alter—
(a) the number of members;
(b) the number of appointed members;
(c) the number of elected members,
but such an order may not contain provision to the effect that the majority of members would not be elected members.
Appointed members: eligibility
4 (1) In appointing members of the Commission, the Scottish Ministers must—
(a) ensure—
(i) that each person appointed has knowledge of crofting;
(ii) where sub-paragraph (2) applies, that at least one person appointed can speak the Gaelic language; and
(iii) where sub-paragraph (3) applies, that at least one person appointed appears to Ministers to represent the interests of landlords of crofts; and
(b) be satisfied that no person appointed has any financial or other interest that would be likely to affect prejudicially the exercise by that person of the functions of a member.
(2) This sub-paragraph applies where none of the elected members can speak the Gaelic language.
(3) This sub-paragraph applies where the Scottish Ministers consider that none of the elected members represents the interests of landlords of crofts.
(4) The fact that a person is—
(a) a crofter;
(b) a landlord of a croft;
(c) an owner-occupier of a croft;
(d) a cottar; or
(e) a member of the family of any such person,
does not of itself constitute an interest mentioned in sub-paragraph (1)(b).
(5) No person may be appointed as a member of the Commission if that person is, or has at any time during the previous year been, a member of—
(a) the House of Commons;
(b) the Scottish Parliament;
(c) the European Parliament.
Appointed members: terms of appointment
5 Subject to this schedule, an appointed member holds and vacates office on such terms and conditions as the Scottish Ministers determine.
Resignation and cessation of membership
6 (1) A person may resign office as a member of the Commission at any time by notice in writing to the Scottish Ministers.
(2) A person who ceases to be a member of the Commission (other than by virtue of being removed under paragraph 9) is eligible to be a member of the Commission again (whether by re-appointment or otherwise)
(3) Where—
(a) an elected member resigns office under sub-paragraph (1) or otherwise ceases to be a member of the Commission (other than by virtue of being removed under paragraph 9); and
(b) is not replaced by a person such as is mentioned in sub-paragraph (4) (whether because of the person's refusal to accept office as a member or otherwise),
the Scottish Ministers may appoint (in addition to any person appointed under paragraph 3) a person to be a member of the Commission.
(4) The person referred to in sub-paragraph (3)(b) is a person who—
(a) was a candidate in the election by virtue of which the elected member mentioned in sub-paragraph (3)(a) held office as a member;
(b) polled, in that election, fewer votes than the elected member so mentioned; and
(c) by virtue of regulations made under paragraph 7, may hold office as a member of the Commission.
Elected members: regulations
7 (1) The Scottish Ministers may, by regulations, make provision for or in connection with the election of persons as members of the Commission.
(2) Without prejudice to the generality of sub-paragraph (1), the regulations may, in particular, make provision relating to—
(a) the voting system to be used for such elections;
(b) the frequency and timing of such elections;
(c) the conduct of such elections;
(d) offences relating to such elections;
(e) the constituencies (including boundaries) in which such elections may be held
(f) persons who are eligible to vote in such elections (including by reference to the person's age);
(g) the appointment of an individual to act as the returning officer for each constituency;
(h) such an individual's—
(i) functions;
(ii) fees and expenses;
(iii) tenure and vacation of office;
(i) subject to sub-paragraph (5), persons who may, and may not, be candidates in elections such as are mentioned in sub-paragraph (1) (including by reference to the person's age);
(j) the number of members of the Commission who may be returned from each constituency;
(k) vacancies amongst elected members, including the circumstances in which a person who polled fewer votes in such an election than the person who polled most votes may hold office as a member of the Commission.
(3) Regulations under sub-paragraph (1) may not make provision creating an offence such as is mentioned in sub-paragraph (2)(d) that is punishable—
(a) on conviction on indictment, with imprisonment for a term exceeding 2 years;
(b) on summary conviction, with—
(i) imprisonment for a term exceeding 12 months; or
(ii) a fine exceeding level 5 on the standard scale.
(4) In the case of an offence which is triable either on indictment or summarily, the reference in sub-paragraph (3)(b)(ii) to a fine exceeding level 5 on the standard scale is to be construed as a reference to the statutory maximum.
(5) In making provision such as is mentioned in sub-paragraph (2)(i), the regulations must provide that the persons who may be candidates in elections such as are mentioned in sub-paragraph (1) may include persons who
(a) are aged 16 or over; and
(b) have been nominated by a person eligible to vote in such elections.
(6) Before making regulations under sub-paragraph (1), the Scottish Ministers must consult such persons or bodies as they think appropriate on—
(a) the constituency boundaries to be used; and
(b) the persons who are eligible to vote,
in elections such as are mentioned in sub-paragraph (1).
Remuneration, allowances and pensions
8 (1) The Scottish Ministers must pay to the members of the Commission such remuneration and allowances as Ministers may determine.
(2) The Scottish Ministers may—
(a) pay (or make arrangements for the payment of);
(b) make payments towards the provision of; or
(c) provide and maintain schemes (whether contributory or not) for the payment of,
such pensions, allowances and gratuities to or in respect of such members and former members of the Commission as Ministers may determine.
(3) The reference in sub-paragraph (2) to pensions, allowances and gratuities includes pensions, allowances and gratuities paid by way of compensation for loss of office.
Removal of members
9 (1) The Scottish Ministers may remove a member of the Commission from office, by giving notice in writing to the member, if satisfied that the member—
(a) is insolvent;
(b) has been convicted of a criminal offence in relation to which the member has been sentenced to imprisonment for a period of 3 months or more;
(c) is incapacitated by physical illness or mental disorder;
(d) has been absent from meetings of the Commission for a period exceeding 6 months without the permission of the convener;
(e) is otherwise unable or unfit to exercise the functions of a member or is unsuitable to continue as a member.
(2) In sub-paragraph (1)(a), a member is insolvent when—
(a) the member's estate is sequestrated;
(b) the member is adjudged bankrupt;
(c) a voluntary arrangement proposed by the member is approved;
(d) the member enters into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor;
(e) the member grants a trust deed for creditors.
(3) Where—
(a) an elected member is removed from office under sub-paragraph (1); and
(b) is not replaced by a person such as is mentioned in sub-paragraph (4) (whether because of the person's refusal to accept office as a member or otherwise),
the Scottish Ministers may appoint (in addition to any person appointed under paragraph 3) a person to be a member of the Commission.
(4) The person referred to in sub-paragraph (3)(b) is a person who—
(a) was a candidate in the election by virtue of which the removed member held office as a member;
(b) polled, in that election, fewer votes than the removed member; and
(c) by virtue of regulations made under paragraph 7, may hold office as a member of the Commission.
Chief executive, staff and employees
10 (1) The Scottish Ministers must, after consultation with the convener of the Commission, appoint a chief executive of the Commission on such terms and conditions as Ministers may determine.
(2) The Scottish Ministers may provide the services of such staff to the Commission as the Commission consider appropriate.
(3) The Commission may appoint such employees as the Commission consider appropriate.
(4) The Scottish Ministers may give directions to the Commission as to the appointment of employees under sub-paragraph (3).
(5) Such directions may in particular relate to
(a) the number of appointments;
(b) the terms and conditions of employment.
(6) The Commission must comply with any directions given under sub-paragraph (4).
(7) The Commission may, with the approval of the Scottish Ministers—
(a) pay (or make arrangements for the payment of);
(b) make payments towards the provision of; or
(c) provide and maintain schemes (whether contributory or not) for the payment of,
such pensions, allowances and gratuities to or in respect of such of their employees, or former employees, as the Commission may determine.
(8) The reference in sub-paragraph (7) to pensions, allowances and gratuities includes pensions, allowances and gratuities paid by way of compensation for loss of office.
Quorum
11 (1) The quorum of the Commission is five members.
(2) Where there are three or more elected members, the quorum must include no fewer than three such members.
Committees
12 (1) The Commission must establish—
(a) an audit committee; and
(b) such other committees as they consider appropriate.
(2) The audit committee and any other committee of the Commission must comply with any directions given to it by the Commission.
(3) The Commission may appoint as members of any of their committees persons who are not members of the Commission.
(4) But no committee established under sub-paragraph (1) may consist entirely of such persons.
(5) The Commission must pay to a person appointed under sub-paragraph (3) such remuneration and allowances as the Scottish Ministers may determine.
Procedure
13 (1) The Commission may regulate—
(a) their own procedure; and
(b) the procedure of any of their committees (including any quorum).
(2) The convener must, if present, chair meetings of the Commission and any of their committees.
(3) If the convener is not available to chair a meeting of the Commission or a committee, the convener is to appoint another member of the Commission to chair the meeting.
(4) The person chairing a meeting of the Commission or any committee has a casting vote.
(5) The Commission must keep a record of their and their committees' meetings and decisions.
(6) The validity of any proceedings of the Commission or of any of their committees is not affected by any vacancy in membership nor by any defect in the appointment of a member.
Members' interests
14 (1) A member of the Commission or any other person who is in any way directly or indirectly interested in any matter brought up for consideration at a meeting of the Commission or of any committee of the Commission must disclose the nature of that interest to the meeting.
(2) Such a disclosure must be recorded in the minutes of the meeting.
(3) A member or other person making such a disclosure must not take part in any deliberation or decision of the Commission or of any committee of the Commission with respect to the matter to which the disclosure relates.
Delegation of powers
15 (1) The Commission may authorise—
(a) any of their members;
(b) any of their committees;
(c) their chief executive;
(d) any person whose services are provided to them by the Scottish Ministers;
(e) any of their employees,
to exercise such of the Commission's functions (and to such extent) as they may determine.
(2) Sub-paragraph (1) does not affect the responsibility of the Commission for the exercise of their functions.
Local assessors
16 (1) The Commission may appoint a panel of suitable persons (“assessors”) to act, when required to do so by the Commission, as assessors for the purpose of assisting the Commission in the local execution of their functions under this Act.
(2) The Commission must, before exercising their power under sub-paragraph (1), publish details of—
(a) the methods to be used for the appointment of assessors; and
(b) the functions to be exercised by assessors.
(3) In exercising their power under sub-paragraph (1), the Commission must—
(a) provide information to crofting communities about—
(i) the appointment of assessors; and
(ii) the functions that assessors exercise; and
(b) keep under review—
(i) the methods to be used for the appointment of assessors; and
(ii) the functions to be exercised by assessors.
(4) Assessors must be ordinarily resident in the crofting counties or in an area designated under section 3A(1)(b) of this Act.
(5) The Commission may make payments to assessors in respect of any—
(a) loss of earnings;
(b) expenses (including travelling and subsistence expenses),
necessarily suffered or incurred by them for the purpose of enabling them to exercise their functions as such assessors.
Location of office
17 The Commission—
(a) must have their principal office premises in the crofting counties;
(b) must not determine where those premises are to be located without that location being approved by the Scottish Ministers; and
(c) must comply with any direction as to the location of those premises given by Ministers.
Finance
18 (1) The Scottish Ministers may—
(a) pay grants;
(b) make loans,
to the Commission of such amounts as Ministers may determine.
(2) Any such grant or loan may be paid or, as the case may be, made, on such terms and subject to such conditions (including, in the case of a loan, conditions as to repayment) as the Scottish Ministers consider appropriate.
(3) The Scottish Ministers may, from time to time after any grant is paid or loan is made, vary the terms and conditions on which it was paid or, as the case may be, made.
Accounts
19 (1) The Commission must—
(a) keep proper accounts and accounting records;
(b) prepare in respect of each financial year a statement of accounts.
(2) The Commission must send the statement of accounts to the Scottish Ministers by such date as Ministers may direct.
(3) The Commission must comply with any other directions which the Scottish Ministers may give them in relation to the matters mentioned in sub-paragraph (1).
(4) The Scottish Ministers must, as soon as reasonably practicable after receiving a statement of accounts from the Commission—
(a) send them to the Auditor General for Scotland for auditing; and
(b) lay the audited statement before the Scottish Parliament.
(5) The Commission must make their audited statement of accounts available so that they may be inspected by any person.
Provision of information to Scottish Ministers
20 The Commission must provide the Scottish Ministers with such information in respect of the exercise, or proposed exercise, of the Commission's functions as the Scottish Ministers may, from time to time, require.
Transfer of property, rights and liabilities
21 (1) Where the Scottish Ministers consider it necessary or expedient to do so to facilitate the exercise of functions by the Commission, they may transfer to the Commission any property, rights and liabilities to which Ministers are entitled or subject.
(2) Property, rights and liabilities may be so transferred to the Commission whether or not they are otherwise capable of being transferred by the Scottish Ministers.
Section 5.
1 The crofter shall pay his rent at the terms at which it is due and payable.
2 The crofter shall not, except in accordance with the provisions of this Act, execute any deed purporting to assign his tenancy.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 The crofter shall provide such fixed equipment on his croft as may be necessary to enable him to cultivate the croft.
5 The crofter shall not, to the prejudice of the interest of the landlord, injure the croft—
(a) by allowing the dilapidation of buildings;
(b) where the croft is cultivated, by allowing, after relevant notice, the deterioration of the soil; or
(c) where the croft is put to some other purposeful use, by actings prejudicial to that use being actings carried out after relevant notice.
5A In sub-paragraphs (b) and (c) of paragraph 5 above, “relevant notice” means notice given by the landlord to the crofter not to do, or not to allow, a particular thing or not to engage in a particular course of conduct (being a thing or course of conduct specified in the notice and relevant to the deterioration or prejudice in question).
6 The crofter shall not sublet his croft or any part thereof 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:
Provided that nothing in this paragraph shall be construed as debarring a crofter from subletting any dwelling-house or other building forming part of his croft to holiday visitors.
6A The crofter shall be responsible for ensuring, where the croft is sublet, that the subtenant adheres to the statutory conditions.
7 The crofter shall not, except in accordance with the provisions of this Act, divide his croft.
8 The crofter shall not, without the consent in writing of the landlord, erect or suffer to be erected on the croft any dwelling-house otherwise than in substitution for a dwelling-house which at the commencement of this Act was already on the croft:
Provided that, if at the commencement of this Act there was no dwelling-house on the croft, the crofter may erect one dwelling-house thereon.
9 The crofter shall not ... violate any written condition signed by him for the protection of the interest of the landlord or of neighbouring crofters which is legally applicable to the croft and which the Land Court shall find to be reasonable.
10 The crofter shall not do any act whereby he becomes apparently insolvent within the meaning of the Bankruptcy (Scotland) Act 2016 .
11 The crofter shall permit the landlord or any person authorised by the landlord in that behalf to enter upon the croft for the purpose of exercising (subject always to the payment of such compensation as in case of dispute the Land Court may find to be reasonable in respect of any damage done or occasioned thereby) any of the following rights, and shall not obstruct the landlord or any person authorised as aforesaid in the exercise of any of such rights, that is to say—
(a) mining or taking minerals, or digging or searching for minerals;
(b) quarrying or taking stone, marble, gravel, sand, clay, slate or other workable mineral;
(c) using for any estate purpose any springs of water rising on the croft and not required for the use thereof;
(d) cutting or taking timber or peats, excepting timber and other trees planted by the crofter or any of his predecessors in the tenancy, or which may be necessary for ornament or shelter, and excepting also such peats as may be required for the use of the croft;
(e) opening or making roads, fences, drains and water courses;
(f) passing and re-passing to and from the shore of the sea or any loch with or without vehicles for the purpose of exercising any right of property or other right belonging to the landlord;
(g) viewing or examining at reasonable times the state of the croft and all buildings or improvements thereon;
(h) hunting, shooting, fishing or taking game or fish, wild birds or vermin;
but nothing in this paragraph shall be held to preclude the crofter from recovering any compensation for damage by game which is recoverable under section 52 of the Agricultural Holdings (Scotland) Act 1991 , or by virtue of section 53(3) of the Agricultural Holdings (Scotland) Act 2003 (asp 11) , by a tenant....
11A Nothing in paragraph 11 above shall be held to allow, or require the crofter to allow, the landlord, or any person authorised by the landlord, to exercise unreasonably a right enjoyed by virtue of that paragraph.
12 The crofter shall not on his croft, without the consent in writing of the landlord, open any house for the sale of intoxicating liquors.
13 In this Schedule—
...
“game” means deer, hares, rabbits, pheasants, partridges, grouse, blackgame, capercailzie, ptarmigan, woodcock, snipe, wild duck, widgeon and teal.
...
Section 30(7).
1 Dwelling-house.
2 Improvement works carried out in compliance with a notice of a final resolution served under Part IV of the Housing (Scotland) Act 1987.
3 Farm offices.
4 Subsoil and other drains.
5 Walls and fences.
6 Deep trenching.
7 Clearing the ground.
8 Planting trees, other than under section 48(4) of this Act.
9 Making piers or landing stages.
10 Roads practicable for vehicles from the croft to the public road or the sea shore.
11 All other improvements which, in the judgment of the Land Court, will add to the value of the croft as an agricultural subject.
12 Buildings or other structures erected under section 5 of the Crofters (Scotland) Act 1961 or section 31 of this Act, being buildings or structures which are fixtures on the land, or works executed under the said section 5 or 31.