The Crofting Reform (Scotland) Act 2010 (Commencement No. 2, Transitory, Transitional and Saving Provisions) Order 2011

Citation, commencement and interpretation

1.  This Order may be cited as the Crofting Reform (Scotland) Act 2010 (Commencement No. 2, Transitory, Transitional and Saving Provisions) Order 2011 and comes into force on 30th September 2011.

2.  In this Order—

“the Act” means the Crofting Reform (Scotland) Act 2010; and

“the 1993 Act” means the Crofters (Scotland) Act 1993(1).

Days appointed

3.—(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in—

(a) column 1 of Part 1 of the Schedule to this Order (the subject matter of which is specified in column 2 of that Part) is 1st October 2011; and

(b) column 1 of Part 2 of the Schedule to this Order (the subject matter of which is specified in column 2 of that Part) is 1st April 2012.

(2) Where a purpose is specified in column 3 of the Schedule, a provision specified in column 1 of Part 1 or 2 comes into force in accordance with paragraph (1) for that purpose only.

Transitory provision

4.—(1) Any reference to “the Commission” or the “Crofting Commission” in any provision of the Act commenced by this Order is to be read as a reference to the Crofters Commission.

(2) This article has effect until 1st April 2012.

Transitional provisions

5.—(1) Despite the commencement of section 1(3) of, and schedule 1 to, the Act paragraph 10 of Schedule 1 to the 1993 Act applies only to the appointment of a chief executive on the coming to an end of an appointment of any person who, at 1st October 2011, is chief executive.

(2) The commencement of section 34 of the Act for the purpose of inserting section 19D(2) into the 1993 Act has no effect as regards a transfer of a part of an owner-occupied croft for which missives are concluded prior to 1st October 2011.

(3) In relation to the commencement of sections 34, 37, 39, 46, 47 and 49 of the Act, from 1st October 2011 the following events have effect from the date when the Commission enters the relevant information in the Register of Crofts in accordance with section 41 of the 1993 Act:—

(a) the division of a croft consented to by the Commission under section 19D(2) of the 1993 Act or carried out by the Commission under section 26G(1) of the 1993 Act;

(b) the letting of a croft consented to by the Commission under section 29A(1) of the 1993 Act;

(c) the enlargement of a croft by a direction of the Commission under section 4(4) of the 1993 Act or the enlargement of common grazings by a direction of the Commission under section 51(3) of the 1993 Act; or

(d) a legatee coming into the place of a deceased crofter following receipt by the Commission of a copy of a notice of a bequest under section 10(2) of the 1993 Act.

(4) In paragraph (3), “relevant information” means any information to be entered in the Register of Crofts as regards—

(a) a direction to enlarge a croft under section 4(4) of the 1993 Act;

(b) receipt of a notice of bequest under section 10(2) of the 1993 Act;

(c) consent to the division of an owner-occupier’s croft under section 19D(2) of the 1993 Act;

(d) a division of a croft under section 26G(1) of the 1993 Act;

(e) consent to the letting of an owner-occupier’s croft under section 29A(1) of the 1993 Act; and

(f) a direction to enlarge common grazings under section 51(3) of the 1993 Act.

Saving provisions

6.  Despite the commencement of section 55 of, and paragraph 3(13) of schedule 4 to, the Act, that section and that paragraph have no effect as regards any investigations commenced, determinations made and orders made under section 22 of the 1993 Act (absentee crofters) prior to 1st October 2011.

7.  Despite the commencement of section 1(3) of, and paragraph 3(3)(b) of schedule 4 to, the Act, that section and that paragraph have no effect as regards the appointment of assessors under section 2(2) of the 1993 Act (particular powers and duties of the Commission) prior to 1st October 2011.

8.  Despite the repeal and replacement of Schedule 1 to the 1993 Act by the commencement of section 1(3) of the Act, Schedule 1 to the 1993 Act remains in effect until 1st April 2012 with the following modifications:—

(a) omit paragraphs 1, 7, 8, 9, 12 and 13; and

(b) paragraphs 2, 10, 14 and 15 are renumbered 2A, 10A, 14A and 15A respectively.

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th September 2011