Crofters (Scotland) Act 1993

[F1 Owner-occupied crofts: duties of certain owners S

Textual Amendments

F1 Ss. 19B-19D and cross-heading inserted (22.12.2010 for the insertion of s. 19B for specified purposes, 1.10.2011 for the insertion of s. 19B otherwise and ss. 19C, 19D(1)(2)(6)(7)(8), 30.11.2012 for the insertion of s. 19D(4)(5)) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 34, 57(2) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4); S.S.I. 2011/334, art. 3, Sch. Pt. 1 (with art. 4, art. 5(2)(3)); S.S.I. 2012/288, art. 3(1)(b) (2), Sch. 1 Pt. 2, (with Sch. 2 para. 1(q), 4(2))

19B Meaning of “owner-occupier crofter” etc. S

(1) In this Act, a person is an “owner-occupier crofter” if all the conditions in subsections (2) to (4) are satisfied.

(2) The first condition is that the person is the owner of a croft.

(3) The second condition is that the person—

(a) was the crofter of the croft at the time of acquiring it (or is such a crofter's successor in title);

(b) acquired title to the croft as the nominee of a crofter (or is such a nominee's successor in title); or

(c) purchased the croft from the constituting landlord (or is such a purchaser's successor in title).

(4) The third condition is that the croft has not been let to any person as a crofter either by virtue of section 26J or otherwise—

(a) at any time since it was acquired as mentioned in subsection (3)(a) or (b); or

(b) at any time since it was constituted as mentioned in subsection (6)(a).

(5) In this Act, an “owner-occupied croft” means a croft owned by an owner-occupier crofter; and “owner-occupier's croft” is to be construed accordingly.

(6) For the purposes of subsection (3)(c), the “constituting landlord” is—

(a) the owner of the land at the time the land was constituted as a croft under section 3A; or

(b) such an owner's successor in title immediately before the croft is sold to the purchaser mentioned in subsection (3)(c).]