Crofters (Scotland) Act 1993 (c. 44)

Miscellaneous and General Provisions S

61 Interpretation. S

(1) In this Act, unless the context otherwise requires—

• “the M1 1955 Act” means the Crofters (Scotland) Act 1955;

• “the M2 1964 Act” means the Succession (Scotland) Act 1964;

• [F1 “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;]

• [F2 “ the 2010 Act ” means the Crofting Reform (Scotland) Act 2010 (asp 14);]

• “authority possessing compulsory purchase powers” has the same meaning as in the 1972 Act;

• “the Commission” means the Crofters Commission;

• “cottar” has the meaning assigned by section 12(5) of this Act;

• “croft” and “crofter” have the meanings assigned to them respectively by section 3 of this Act;

• [F3 “ crofting community ” means all the persons who (either or both)—

  (a)

  occupy crofts within a township which consists of two or more crofts registered with the Crofters Commission;

  (b)

  hold shares in a common grazing associated with that township;]

• “crofting counties” means the former counties of Argyll, Caithness, Inverness, Orkney, Ross and Cromarty, Sutherland and Zetland;

• “croft land” has the meaning assigned to it by section 12(3) of this Act;

• [F4 “ cultivate ” has the meaning given by section 5C(8);]

• [F4 “ date of registration ” (other than in section 3) is to be construed in accordance with section 8(5) of the 2010 Act;]

• “development” has the same meaning as in [F5 section 26 of the 1997 Act], except that it includes the operations and uses of land referred to in paragraphs (a) and (e) of subsection (2) of that section;

• [F6 “ enactment ” includes an enactment comprised in, or an instrument made under, an Act of the Scottish Parliament;]

• “fixed equipment” has the like meaning as in the M3 Agricultural Holdings (Scotland) Act 1991;

• “functions” includes powers and duties;

• “Land Court” means the Scottish Land Court;

• “landlord” means—

  (a)

  in relation to a croft, any person for the time being entitled to receive the rents and profits, or to take possession of, the croft;

  (b)

  in relation to the site of the dwelling-house on or pertaining to the subject of a cottar—

  (i)

  where the cottar is the tenant of the subject, any person for the time being entitled to receive the rents and profits, or to take possession of the site, and

  (ii)

  where the cottar is the occupier of the subject who pays no rent, the owner thereof;

• [F7 “ local authority ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);]

• “National Trust for Scotland” means the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the M4 National Trust for Scotland Order Confirmation Act 1935;

• [F8 “ owner-occupied croft” and “owner-occupier's croft ” have the meanings given by section 19B(5);

• “owner-occupier crofter” is to be construed in accordance with section 19B(1) to (4);]

• “permanent improvement” shall be construed in accordance with section 30(7) of this Act;

• “prescribed” means prescibed by regulations made by the Secretary of State;

• “predecessors in the tenancy” means in relation to a crofter the persons who before him have been tenants of the croft since it was last vacant;

• [F6 “ public notification ” has the meaning given by section 55A of this Act;]

• [F9 “ purposeful use ” has the meaning given by section 5C(8);]

• [F9 “ registered ” , in relation to a croft, an owner-occupied croft or a common grazing, means registered in the Crofting Register; and “unregistered” and other cognate expressions are to be construed accordingly;]

• [F9 “ registration schedule ” means the registration schedule of the croft made up and maintained under section 11(1) of the 2010 Act;]

• “statutory successor” means any person who under this Act has succeeded or may succeed to a croft whether as a person to whom the tenancy of the croft has been transferred in pursuance of section 16(2) of the 1964 Act or as the executor, heir-at-law, legatee or assignee of his immediate predecessor being a crofter in occupation of the croft;

• “the site of the dwelling-house” has the meaning assigned to it by section 12(4) of this Act;

• “Whitsunday” and “Martinmas” mean respectively 28th May and 28th November.

• [F6 “ woodlands ” includes woodlands created by planned natural regeneration (as defined by section 50A(8) of this Act)]

(2) Any reference in this Act to a member of a person’s or crofter’s or former crofter’s or deceased crofter’s family is a reference to [F10 the individual in question's—

(a) spouse or civil partner (or cohabitant provided that the individual has no spouse or civil partner and that the cohabitation has included cohabitation for at least two years in a dwelling-house on or pertaining to the croft);

(b) sibling;

(c) sibling's spouse or civil partner;

(d) spouse's or civil partner's sibling;

(e) father;

(f) mother;

(g) son;

(h) daughter;

(i) son's or daughter's spouse or civil partner;

(j) grandchild;

(k) grandchild's spouse or civil partner;

(l) aunt;

(m) uncle;

(n) nephew; or

(o) niece.]

[F11 (3) In subsection (2)(a) above, and in the definition of “son” or “daughter” in subsection (4) below, the reference to an individual's cohabitant is to a person, whether or not of the same sex as the individual, who lives with the individual as if—

(a) in a married relationship; or

(b) in civil partnership.

(4) In subsection (2) above—

• “sibling” includes a sibling by virtue only of adoption, marriage or civil partnership and a sibling of the half blood;

• “son”, “daughter” or “grandchild” includes a person so related by virtue only of adoption, marriage or civil partnership; and

• “son” or “daughter” includes a son, or as the case may be a daughter, of the individual's cohabitant provided that such son or daughter resides with the individual and that such residence has included residence for at least two years in a dwelling-house on or pertaining to the croft.]

Textual Amendments

F1 Definition substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 55(3)(a).

F2 Words in s. 61(1) inserted (22.12.2010) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(36)(a) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4)

F3 Words in s. 61(1) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 37, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F4 Words in s. 61(1) inserted (1.10.2011 for specified purposes) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(36)(d) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)

F5 Words in s. 61(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 55(3)(b).

F6 Words in s. 61(1) added (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(19) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F7 Words in s. 61(1) inserted (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(36)(h) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)

F8 Words in s. 61(1) inserted (22.12.2010) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(36)(i) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4)

F9 Words in s. 61(1) inserted (1.10.2011 for specified purposes) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(36)(j) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)

F10 Words in s. 61(2) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 36(a), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F11 S. 61(3)(4) added (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 36(b), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

Marginal Citations

M1 1955 c. 21.

M2 1964 c. 41.

M3 1991 c. 55.

M4 1935 c. iii.