Crofters (Scotland) Act 1955

3 Definition of "croft" and "crofter", and conditions of tenure of crofter

(1) In this Act the expression " croft " means—

(a) as from the commencement of this Act, every holding (whether occupied by a landholder or not) situate in the crofting counties which was, immediately before the commencement of this Act, a holding to which any of the provisions of the Landholders Acts relating to landholders applied;

(b) as from the commencement of this Act, every holding situate as aforesaid which was, immediately before the commencement of this Act, a holding to which the provisions of the Landholders Acts relating to statutory small tenants applied;

(c) as from the date of registration, every holding situate as aforesaid which is constituted a croft by the registration of the tenant thereof as a crofter under section four of this Act.

(2) In this Act the expression " crofter" means the tenant of a croft.

(3) A crofter shall not be subject to be removed from the croft of which he is tenant except—

(a) where one year's rent of the croft is unpaid;

(b) in consequence of the breach of one or more of the conditions set out in the Second Schedule to this Act (in this Act referred to as " the statutory conditions"), other than the condition as to payment of rent; or

(c) in pursuance of any enactment, including any enactment contained in this Act.

(4) Any contract or agreement made by a crofter by virtue of which he is deprived of any right conferred on him by any provision of this Act shall to that extent be void unless the contract or agreement is approved by the Land Court.

(5) For the purposes of this Act any right in pasture or grazing land held or to be held by the tenant of a croft, whether alone or in common with others, shall be deemed to form part of the croft.