- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/06/2007)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 22/12/2010
Point in time view as at 25/06/2007.
There are currently no known outstanding effects for the Crofters (Scotland) Act 1993, Cross Heading: Meaning of croft and crofter.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to subsection (2) below, in this Act “croft” means—
(a)as from 1st October 1955, every holding (whether occupied by a landholder or not) situated in the crofting counties to which any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 relating to landholders applied;
(b)as from 1st October 1955, every holding situated as aforesaid to which section 32 of the M1Small Landholders (Scotland) Act 1911 applied (statutory small tenants);
(c)as from the date of registration, every holding situated as aforesaid which was constituted a croft by the registration of the tenant thereof as a crofter in the Crofters Holdings Book under section 4 of the 1955 Act;
[F1(cc)as from the date of registration, every holding situated—
(i)as aforesaid; or
(ii)as is mentioned in subsection (1)(b) of section 3A of this Act,
and registered by virtue of an application under that section;
(cd)as from the date of reversion, every holding reverting under section 20(1B), or by virtue of section 21A(1), of this Act;]
(d)as from the date of the direction, every holding situated [F2in the crofting counties] which was constituted a croft by a direction of the Secretary of State under section 2(1) of the 1961 Act;
(e)as from the date of entry, every holding entered in the register of crofts by the Commission in accordance with their decision under section 15(4) of the 1955 Act where—
(i)the decision was notified to the landlord and the tenant of the holding; and
(ii)neither the landlord nor the tenant successfully challenged the decision on an application for a declarator as to the status of the tenant made to the Land Court within 2 months of the giving of such notification.
[F3(f)as from the relevant commencement date, every holding—
(i)entered in the Register of Crofts on that date which has been so entered for a continuous period of at least twenty years ending with that date; and
(ii)in respect of which no application or reference seeking a declaration or order that the holding is not a croft is on that date pending before any court;
(g)as from the date twenty years after registration, every holding—
(i)entered in the Register of Crofts for a continuous period of twenty years ending after the relevant commencement date; and
(ii)in respect of which no application or reference seeking a declaration or order that the holding is not a croft is at the end of that period pending before any court]
[F4(1A)In paragraphs (f) and (g) of subsection (1) above, “the relevant commencement date” is the date on which section 21 of the Crofting Reform etc. Act 2007 (asp 7) comes into force.]
(2)Subsection (1) above is without prejudice to the effect of—
(a)section 24(1) of this Act and the corresponding provision of the 1955 Act which is repealed by this Act (that is to say section 12(4));
(b)a direction under section 24(2) or (3) of this Act and the corresponding provisions of the 1955 Act which are repealed by this Act (that is to say section 16(7) or (9)).
(3)In this Act “crofter” means the tenant of a croft.
(4)For the purposes of this Act—
(a)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, and
(b)any land comprising any part of a common grazing which has been apportioned for the exclusive use of a crofter under section 52(4) of this Act, and,
(c)any land held runrig which has been apportioned under section 52(8) of this Act,
shall be deemed to form part of the croft.
(5)For the purposes of this Act, where—
(a)a crofter has acquired his entire croft other than any such right or land as is referred to in subsection (4) above; or
(b)any person, not being a crofter, has obtained an apportionment of any land under section 52 of this Act,
then the person referred to in paragraph (a) or (b) above shall be deemed to hold the right or land referred to therein in tenancy until held otherwise and that right or land shall be deemed to be a croft.
Textual Amendments
F1S. 3(1)(cc)(cd) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 21(a)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
F2Words in s. 3(1)(d) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 21(a)(ii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
F3S. 3(1)(f)(g) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 21(a)(iii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
F4S. 3(1A) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 21(b), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
Marginal Citations
(1)The Commission shall have power, on the application of the owner of any land situated—
(a)in the crofting counties; or
(b)in an area outwith the crofting counties which is, by order made by statutory instrument, designated for the purposes of this paragraph by the Scottish Ministers,
to constitute the land as a croft by entering it as such, in accordance with section 41 of this Act, in the Register of Crofts; but no such entry shall be made until the period mentioned in section 52A(2) of this Act has elapsed without any appeal to the Land Court being made or until any such appeal timeously made is decided or abandoned.
(2)The Commission shall have power—
(a)on the application of the tenant of any holding situated as is mentioned in subsection (1)(b) above; and
(b)provided that subsection (3) below is complied with and that the conditions set out in subsection (12) below are met,
to constitute the holding as a croft by entering it as such, in accordance with section 41 of this Act, in that register; and on the holding being so constituted the tenant shall be entitled to be registered, in accordance with section 41(2)(b) of this Act, as its tenant.
(3)Any application under subsection (2) above must be accompanied by a certificate of the Land Court to the effect that the Court is satisfied that, as at the date of the certificate—
(a)the tenancy of the holding is one to which—
(i)section 32 of the Small Landholders (Scotland) Act 1911 (c. 49) applies; or
(ii)any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies; and
(b)no part of the holding is leased other than as a tenancy mentioned in paragraph (a) above.
(4)No such entry as is mentioned in subsection (2) above shall be made under that subsection—
(a)until the period mentioned in section 52A(2) of this Act has elapsed without any appeal to the Land Court being made or until any such appeal timeously made is decided or abandoned; and
(b)unless the Commission are satisfied—
(i)that agreement has been reached between the applicant and the owner of the land as to an amount to be paid by the applicant to the owner in compensation for the holding being so constituted and that the amount has been duly paid;
(ii)that the applicant and owner have agreed that no amount in compensation is to be so payable; or
(iii)that any such amount found, by virtue of section 3B of this Act, to be so payable has been duly paid.
(5)The Commission shall, on receipt of an application under subsection (1) or (2) above, give public notification of it.
(6)Notification under subsection (5) above shall specify a period within which comments as regards the application, being comments of the description given in subsection (10) below, may be made.
(7)After the period mentioned in subsection (6) above has elapsed the Commission shall—
(a)determine whether to exercise their power under subsection (1) or as the case may be (2) above; and
(b)give public notification of that determination.
(8)In so determining, the Commission shall have regard to—
(a)such comments, if any, as are duly made by virtue of subsection (6) above;
(b)the public interest and as the case may be 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 so constituting it.
(9)No application is to be made under subsection (1) above in respect of an agricultural holding occupied by a tenant where—
(a)the tenancy is—
(i)a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)); or
(ii)a short limited duration tenancy or limited duration tenancy (within the meaning of that Act); or
(b)it is competent for the tenant to make an application under subsection (2) above,
if the written agreement of the tenant has not been obtained; and on such a holding being constituted as a croft under subsection (1) above the tenant shall be entitled (unless not a natural person) to be registered, in accordance with section 41(2)(b) of this Act, as its tenant.
(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.
(12)The conditions are—
(a)that the holding is not comprised within a larger agricultural unit, the holding and that larger unit being, or having been, worked, managed or let as a single unit;
(b)that the tenant is a natural person; and
(c)that such fixed equipment on the holding as is necessary to enable the tenant to cultivate the croft is not provided by the landlord.
(13)An order under subsection (1)(b) above is not made unless a draft of the statutory instrument containing the order has been—
(a)laid before; and
(b)approved by a resolution of,
the Scottish Parliament.
Textual Amendments
F5Ss. 3A-3C inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 6, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
(1)Where, in relation to an application under subsection (2) of section 3A of this Act, there is no such agreement as is mentioned in subsection (4)(b)(i) or (ii) of that section, the compensation payable by the applicant to the owner in compensation for the holding being constituted as a croft is to be the difference between—
(a)the value of the holding assuming that it is not to be so constituted; and
(b)its value assuming that it is so constituted,
and is to be assessed by a valuer appointed by the applicant and the owner.
(2)But where the applicant and the owner are unable to agree as to such an appointment the valuer is to be appointed by the Land Court or by a person nominated by the Court.
(3)The valuer is to assess the value of the holding—
(a)as at the date of the relevant application under section 3A(2);
(b)having regard to the value that would be likely to be agreed between a reasonable buyer and seller of such a holding assuming—
(i)that the buyer and seller are, as respects the transaction, willing; and
(ii)that the buyer is a sitting tenant;
(c)taking account, in so far as a buyer and a seller of the holding would do so, of any factor attributable to the known existence of a person who (not being the applicant) would be willing to buy the holding at a price higher than other persons because of a characteristic of the holding which relates peculiarly to that person's interest in buying it; and
(d)taking account of the terms and conditions of any lease of sporting interests affecting the land.
(4)The valuer is to invite the owner and the applicant to make written representations about the valuation of the holding under this section and is to have regard to any such representation.
(5)The valuer may—
(a)enter onto land; and
(b)make any reasonable request of the owner or the applicant,
for the purpose of any assessment under this section.
(6)The valuer must, within 6 weeks after being appointed, send to the owner and the applicant a notice in writing specifying the compensation payable and setting out how its amount was calculated.
(7)The expenses of the valuer accrued in carrying out his functions under this section are to be met by the applicant.
(8)In this section “valuer” includes two valuers with an oversman.
Textual Amendments
F5Ss. 3A-3C inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 6, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
(1)The owner or the applicant may appeal to the Lands Tribunal for Scotland against an assessment carried out under section 3B.
(2)An appeal under this section—
(a)shall state the grounds on which it is made; and
(b)shall not be lodged more than 21 days after the date of the notice under section 3B(6) of this Act.
(3)In an appeal under this section, the tribunal may reassess any value (and any factor affecting any value).
(4)The valuer may be a witness in the appeal proceedings.
(5)And in those proceedings, in addition to the owner and the applicant, any creditor in a standard security over the land or any part of it is entitled to be heard.
(6)The tribunal is to give reasons for its decision on an appeal under this section and is to issue a written statement of those reasons.
(7)The decision of the tribunal in an appeal under this section is final.]
Textual Amendments
F5Ss. 3A-3C inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 6, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys