Crofters (Scotland) Act 1993

The Crofters Commission

1Constitution and general functions of Crofters Commission

2Particular powers and duties of the Commission

Meaning of croft and crofter

3Meaning of croft and crofter

Enlargement of crofts

4Enlargement where owner and crofter are in agreement

The conditions of tenure

5The statutory conditions

7Renunciation of tenancy

8Assignation of croft

9Sub-division of croft

Succession to croft

10Bequest of croft

Rights of crofters and cottars to acquire their subjects

12General provision

13Authorisation by Land Court of acquisition of croft land

14Consideration payable in respect of acquisition of croft land

15Determination by Land Court of terms and conditions for conveyance of the site of the dwelling-house

16Provisions relating to conveyance

17Provisions supplementary to sections 13 and 15

18Adjustment of rent for remainder of croft where part conveyed to crofter

19Provisions relating to existing loans and heritable securities

Provisions relating to termination of tenancy and de-crofting

20Resumption of croft or part of croft by landlord

21Crofter’s right to share in value of land resumed by landlord

22Absentee crofters

23Vacant crofts

24Decrofting in case of resumption or vacancy of croft

25Provisions supplementary to s.24(3)

26Provisions as to removal of crofter

Subletting of crofts

27Provisions as to right to sublet

28Special provisions regarding subletting of crofts not adequately used

29Miscellaneous provisions regarding subleases of crofts

Compensation for improvements and for deterioration or damage

30Compensation to crofter for improvements

31Permanent improvements made on crofts for purposes of subsidiary or auxiliary occupations

32Assessment of compensation for improvements

33Record of improvements

34Compensation to landlord for deterioration or damage

35Assessment of compensation for improvements or deterioration on joint application to Land Court

36Compensation to cottar for improvements

Compulsory acquisition of croft

37Crofter’s right to share in value of land taken possession of compulsorily

Reorganisation schemes

38Reorganisation schemes

39Putting into effect of reorganisation schemes

Commission to obtain information and compile register of crofts

40Obtaining of information by Commission

41Register of Crofts

Financial assistance to crofters, cottars and certain owner- occupiers etc

43Supplementary provisions as to loans under s.42

45Former crofters and cottars who have acquired site of the dwelling-house

46Owner-occupiers of like economic status as crofters and other persons

Common Grazings

47Appointment, etc., of grazings committee or grazings constable

48Powers and duties of grazings committees

49Common grazings regulations

50Use of common grazings for forestry purposes

51Enlargement of common grazings

52Miscellaneous provisions as to common grazings, as to lands held runrig, and as to use by crofters of peat bogs, etc

Provisions relating to Land Court

53Jurisdictional provisions

54Crofters Holdings Book

Miscellaneous and General Provisions

55Service of notices

56Provisions as to entry and inspection

57Provisions as to compulsory purchase of land and as to management of land

58Provisions as to representations

59Financial provisions

61Interpretation

62Application of Act to Crown

63Transitional provisions and savings, and repeals

64Short title, commencement and extent

SCHEDULE 1Provisions as to the Crofters Commission

Constitution of the Commission

1The Commission shall be a body corporate and shall have...

2Every member of the Commission shall hold and vacate office...

3The Secretary of State shall pay to the members of...

4The Secretary of State shall, in the case of any...

5If a person ceases to be a member of the...

Meetings and Proceedings of the Commission

6The quorum of the Commission shall be three or such...

7The proceedings of the Commission shall not be invalidated by...

8If at any meeting of the Commission the votes are...

9The Commission shall refer to one or more of their...

10In any application or other proceeding coming before them the...

11Subject to the foregoing provisions of this Schedule, the Commission...

Office, Officers and Servants

12The Commission shall have an office in the crofting counties...

13The Secretary of State may provide the services of such...

Instruments executed or issued by the Commission

14The application of the seal of the Commission to any...

15Every document purporting to be an instrument issued by the...

SCHEDULE 2The statutory conditions

1The crofter shall pay his rent at the terms at...

2The crofter shall not, except in accordance with the provisions...

3The crofter shall, by himself or his family, with or...

4The crofter shall provide such fixed equipment on his croft...

5The crofter shall not, to the prejudice of the interest...

6The crofter shall not sublet his croft or any part...

7The crofter shall not, except in accordance with the provisions...

8The crofter shall not, without the consent in writing of...

9The crofter shall not persistently violate any written condition signed...

10The crofter shall not do any act whereby he becomes...

11The crofter shall permit the landlord or any person authorised...

12The crofter shall not on his croft, without the consent...

13In this Schedule— “cultivate” includes the use of a croft...

SCHEDULE 3Permanent improvements

1Dwelling-house.

2Improvement works carried out in compliance with a notice of...

4Subsoil and other drains.

5Walls and fences.

6Deep trenching.

7Clearing the ground.

8Planting trees, other than under section 48(4) of this Act....

9Making piers or landing stages.

10Roads practicable for vehicles from the croft to the public...

11All other improvements which, in the judgment of the Land...

12Buildings or other structures erected under section 5 of the...

SCHEDULE 4Confirmation and validity of reorganisation schemes

Procedure for confirming reorganisation schemes

1Before confirming a reorganisation scheme the Secretary of State shall—...

2If no objection is made under paragraph 1 of this...

3If any objection made as aforesaid is not withdrawn, the...

4Where the Secretary of State proposes to make any modification...

5Notwithstanding anything in paragraph 3 of this Schedule, the Secretary...

6Subsections (2) to (8) of section 210 of the Local...

Validity of reorganisation schemes

7On confirming a reorganisation scheme the Secretary of State shall...

8If any person aggrieved by a reorganisation scheme desires to...

SCHEDULE 5Provisions as to security, etc., of loans

1The loan shall be secured by a heritable security over...

2The loan shall either be repaid by half-yearly instalments of...

3The amount for the time being unpaid may at any...

4A certificate by the Secretary of State that the whole...

5The Secretary of State shall cause to be prepared and...

SCHEDULE 6Transitional provisions and savings

1In so far as anything done under an enactment repealed...

2Where any period of time specified in an enactment repealed...

3Any reference in any enactment or document, whether express or...

4Nothing in this Act shall affect the enactments repealed by...

5The repeal by this Act of section 22 of the...

6Notwithstanding the repeal by this Act of section 3 of...

SCHEDULE 7Repeals

Part IEnactments repealed so far as they apply in the crofting counties

Part IIOther enactments repealed

TABLE OF DERIVATIONSShowing the derivation of the provisions of the Bill

Royal arms

Crofters (Scotland) Act 1993

1993 CHAPTER 44

An Act to consolidate certain enactments relating to crofting, with amendments to give effect to recommendations of the Scottish Law Commission.

[5th November 1993]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—