Crofters (Scotland) Act 1993

Provisions relating to Land Court S

53 Jurisdictional provisions. S

(1) Without prejudice to any jurisdiction exercisable by it under any enactment, the Land Court shall have power to determine, either on the application of any person having an interest or on a reference made to it by the Commission, any question of fact or law arising under this Act including, without prejudice to the said generality—

(a) the question whether any holding is a croft;

(b) the question who is the tenant of any croft;

(c) any question as to the boundaries of a croft or of any pasture or grazing land a right in which forms part of a croft;

(d) the question whether any land is or forms part of a common pasture or grazing to which this Act applies:

Provided that the Land Court shall not have power under this subsection to determine—

(i) any question of a kind reserved by this Act to a court other than the Land Court; or

(ii) any question (other than a question of law) decided by the Secretary of State or the Commission in the discharge of any of his or their functions under this Act.

(2) The Land Court shall cause intimation to be made to the Commission of its determination on any question coming before it under this Act.

54 Crofters Holdings Book. S

The principal clerk of the Land Court shall keep a book called the “Crofters Holdings Book” in which he shall record—

(a) anything sent to him by the Commission in accordance with section 2(3) of this Act,

(b) any agreement for a loan sent to him under section 43(3) of this Act.