Crofting Reform (Scotland) Act 2010

44 Requirements to submit proposals for re-letting crofts S

(1) Section 11 of the 1993 Act (intestacy) is amended as follows.

(2) In subsection (8)(a), after “them” insert “ , before the expiry of the period of 4 months beginning with the day on which the notice is given, ”.

(3) Section 23 of the 1993 Act (vacant crofts) is amended as follows.

(4) In subsection (5)—

(a) after “them” where it first occurs insert “ , before the expiry of the period of 2 months beginning with the day on which the notice is given, ”; and

(b) the words from “, and if,” to the end are repealed.

(5) After that subsection insert—

“(5ZA) No more than three proposals may be submitted to the Commission in response to a notice given under subsection (5).

(5ZB) Where a proposal for letting the croft is submitted to the Commission in response to a notice given under subsection (5), they must approve or reject the proposal—

(a) in a case where the croft is declared vacant under section 11(8), within the period of 5 months beginning with the day on which the notice under section 11(8)(a) is given; or

(b) in any other case, within the period of 3 months beginning with the day on which the notice under subsection (5) was given.

(5ZC) The Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (5B) and (5C) if—

(a) no proposals for letting the croft are submitted by the landlord before the expiry of the period of 2 months mentioned in subsection (5);

(b) the landlord has submitted one or two proposals for letting the croft within the period of 2 months mentioned in subsection (5) and—

(i) all such proposals are rejected by the Commission; and

(ii) the period of 2 months mentioned in subsection (5) has expired; or

(c) the landlord has submitted three proposals for letting the croft (within the period of 2 months mentioned in subsection (5)) and the Commission have rejected all three.”.

(6) For subsection (5A) substitute—

“(5A) Where a croft is declared vacant under section 11(8), the Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (5B) and (5C) if—

(a) no proposals for letting the croft are submitted by the landlord before the expiry of the period of 4 months mentioned in section 11(8)(a);

(b) the landlord has submitted one or two proposals for letting the croft within the period of 4 months mentioned in section 11(8)(a) and—

(i) all such proposals are rejected by the Commission; and

(ii) the period of 4 months mentioned in section 11(8)(a) has expired; or

(c) the landlord has submitted three proposals for letting the croft (within the period of 4 months mentioned in section 11(8)(a)) and the Commission have rejected all three.”.

Commencement Information

I1 S. 44 in force at 1.10.2011 by S.S.I. 2011/334, art. 3(1)(a)(2), Sch. Pt. 1 (with art. 4)