Transfer of Crofting Estates (Scotland) Act 1997

1 Disposal of crofting property.S

(1)The Secretary of State may dispose of any of his crofting property in accordance with this Act.

(2)The power of the Secretary of State under subsection (1) may be exercised by him notwithstanding any restriction contained in any other enactment or rule of law which affects the right of—

(a)the Secretary of State in particular; or

(b)the owner of any interest in such property,

to dispose of such property.

(3)In this Act any reference, however expressed, to the crofting property of the Secretary of State shall include any property in which he has an interest as owner—

(a)which is held subject to the 1993 Act;

(b)which comprises fishermen’s dwellings and holdings for the purposes of section 4(1)(e) of the M1Congested Districts (Scotland) Act 1897; or

(c)which is situated in the crofting counties and is held as part of the Secretary of State’s crofting estate but is not held subject to the 1993 Act.

(4)The disposal of property under this Act shall be on such terms as the Secretary of State, with the consent of the Treasury, may agree with the body acquiring the property.

(5)Where the Secretary of State disposes of any crofting property under this Act the disposal may include the disposal of any interest he has in the mineral, sporting or other rights effeiring to the property.

(6)Where the Secretary of State disposes of crofting property under this Act—

(a)no body or person acquiring such property; and

(b)no body or person who acquires any such property under any subsequent disposal,

shall be entitled to require proof of consent of the Treasury to the disposal or shall be affected by any failure or omission to obtain such consent.

(7)Any sums received by the Secretary of State in pursuance of this section shall be paid into the Consolidated Fund.

Marginal Citations