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The Crofters (Scotland) Act 1993 (c.44)
as proposed to be amended by the draft Crofting Reform etc Bill
April 2005
SEERAD
The crofters (Scotland) act 1993 (c. 44) And Arrangement of Sections
( NB THIS TEXT IS PROVIDED FOR GUIDANCE ONLY AND ACCURACY IS NOT WARRANTED)
KEY
New text inserted =this is new text inserted by the Bill
Text deleted or repealed = this is existing text which has been deleted or repealed
ARRANGEMENT OF SECTIONS
The Crofters Commission
1. The Crofters Commission
General duties
1A. General duties
1. Constitution and general functions of Crofters Commission
2. Particular powers and duties of the Commission
Particular duties and powers
2. Particular duties and powers
2A. Regulating crafting: local policy
2B. Directions by the Scottish Ministers
Meaning of croft and crofter
3. Meaning of croft and crofter
3A. New crofts
Enlargement of crofts
4. Enlargement where owner and crofter are in agreement
Exchange of crofts
4A. Exchange of crofts or parts of crofts
The conditions of tenure
5. The statutory conditions
5A. Complaint as respects breach of the statutory conditions
5B. Irritancy
6. Rent
7. Renunciation of tenancy
8. Assignation of croft
9. Sub-division of croft
9. Division of croft
Succession to croft
10. Bequest of croft
11. Intestacy
Rights of crofters and cottars to acquire their subjects
12. General provision
13. Authorisation by Land Court of acquisition of croft land
14. Consideration payable in respect of acquisition of croft land
15. Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house
16. Provisions relating to conveyance
17. Provisions supplementary to sections 13 and 15
18. Adjustment of rent for remainder of croft where part conveyed to crofter
19. Provisions relating to existing loans and heritable securities
19A. Schemes for development
Provisions relating to termination of tenancy and de-crofting
20. Resumption of croft or part of croft by landlord
21. Crofter's right to share in value of land resumed by landlord
21A. Reversion of reserved land
22. Absentee crofters
23. Vacant crofts
24. Decrofting in case of resumption or vacancy of croft
25. Provisions supplementary to s.24(3)
26. Provisions as to removal of crofter
Subletting of crofts
27. Provisions as to right to sublet
28. Special provisions regarding subletting of crofts not adequately used
29. Miscellaneous provisions regarding subleases of crofts
29A. Short-term croft tenancies
29B. Further provision as respects short-term croft tenancies
29C. Termination of short-term croft tenancy other than at specified date of termination
Compensation for improvements and for deterioration or damage
30. Compensation to crofter for improvement
31. Permanent improvements made on crofts for purposes of subsidiary or auxiliary occupations
32. Assessment of compensation for improvements
33. Record of improvements
34. Compensation to landlord for deterioration or damage
35. Assessment of compensation for improvements or deterioration on joint application to Land Court
36. Compensation to cottar for improvements
Compulsory acquisition of croft
37. Crofter's right to share in value of land taken possession of compulsorily
Reorganisation schemes
38. Reorganisation schemes
38A. Appeal to Land Court: special provision as respects reorganisation schemes
39. Putting into effect of reorganisation schemes
Commission to obtain information and compile register of crofts
40. Obtaining of information by Commission
41. Register of Crofts
41A. Provision of maps for inclusion in Register of Crofts etc.
41B. Scheme of charges in relation to Register of Crofts
Financial assistance to crofters, cottars and certain owner-occupiers etc.
42. Crofters
42A. Power of the Commission to make schemes and arrangements for grants
43. Supplementary provisions as to loans under s.42
44. Cottars
45. Former crofters and cottars who have acquired site of the dwelling-house
46. Owner-occupiers of like economic status as crofters and other persons
Common Grazing
47. Appointment, etc., of grazings committee or grazings constable
48. Powers and duties of grazings committees
49. Common grazings regulations
50. Use of common grazing for forestry purposes
50A. Joint forestry ventures etc.
50B. Use of common grazing for other purposes
51. Enlargement of common grazing
51A. New common grazing
52. Miscellaneous provisions as to common grazing, as to lands held runrig, and as to use by crofters of peat bogs, etc.
Provisions relating to Land Court
52A. Appeal to Land Court: general
53. Jurisdictional provisions
53A. Extent of boundaries
54. Crofters Holdings Book
Miscellaneous and General Provisions
55. Service of notices
55A. Public notification
56. Provisions as to entry and inspection
57. Provisions as to compulsory purchase of land and as to management of land
58. Provisions as to representations
58A. Obtaining Commission approval or consent
58B. Grants to Commission by the Scottish Ministers
59. Financial provision
59A. Equal opportunities
60. Regulations
61. Interpretation
62. Application of Act to Crown
63. Transitional provisions and savings, and repeals
64. Short title, commencement and extent
SCHEDULES
Schedule 1 Provisions as to the Crofters Commission
Schedule 1 The Crofters Commission
Schedule 2 The Statutory Conditions
Schedule 3 Permanent Improvements
Schedule 4 Confirmation and Validity of Reorganisation Schemes
Schedule 5 Provisions as to Security etc. of loans
Schedule 6 Transitional Provisions and Savings
Schedule 7 Repeals