Crofters (Scotland) Act 1993

The Crofters Commission S

1 Constitution and general functions of Crofters Commission. S

(1) The Crofters Commission (“the Commission”) established by section 1 of the 1955 Act shall continue in being.

[F1 (2) The Commission have—

(a) the general functions of—

(i) regulating crofting;

(ii) reorganising crofting;

(iii) promoting the interests of crofting;

(iv) keeping under review matters relating to crofting; and

(b) such other functions conferred on them by or under this Act or under any other enactment.

(2A) In exercising their functions under subsection (2), the Commission must have regard to—

(a) the desirability of supporting population retention—

(i) in the crofting counties; and

(ii) in any area for the time being designated as mentioned in section 3A(1)(b) and in which there are crofts; and

(b) the impact of changes to the overall area of land held in crofting tenure on the sustainability of crofting.]

[F2 (3) The Commission shall discharge their functions in accordance with such directions of a general or specific character as may from time to time be given to them in writing by the Scottish Ministers.]

(4) The Commission shall consist of not more than 9 members appointed by the Secretary of State, and of the members one shall be appointed by the Secretary of State to be [F3 convener] of the Commission.

(5) The Commission shall include members with knowledge of crofting conditions and at least one member who can speak the Gaelic language.

(6) The provisions contained in Schedule 1 to this Act shall have effect in relation to the Commission.

Textual Amendments

F1 S. 1(2)(2A) substituted for s. 1(2) (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 2(1), 57(2) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)

F2 S. 1(3) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 1, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F3 Word in s. 1(4) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(2) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

2 Particular powers and duties of the Commission. S

(1) In the exercise of their general functions of reorganising, F4 ... and regulating crofting, it shall be the duty of the Commission—

(a) to keep under general review all matters relating to crofts and crofting conditions, including, without prejudice to the foregoing generality, land settlementF5 ...;

(b) to collaborate so far as their powers and duties permit with any body or person in the carrying out of any measures for the economic development and social improvement of the crofting counties;

(c) to advise the Secretary of State on any matter relating to crofts and crofting conditions which he may refer to them, or on which they may think fit to submit advice to him;

(d) to exercise the powers conferred on them by this Act in such manner as may seem to them in each case desirable.

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Commission shall send to the principal clerk of the Land Court to be recorded in the Crofters Holdings Book every order, determination, consent, authorisation or other proceeding of theirs which they may think proper to be recorded therein.

F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Word in s. 2(1) repealed (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(3)(a)(i) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)

F5 Words in s. 2(1)(a) repealed (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(3)(a)(ii) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)

F6 S. 2(2) repealed (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(3)(b) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 4 7)

F7 S. 2(4) repealed (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(3)(b) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 4 7)

[F8 2A Ministers' power to modify functions of Commission S

(1) The Scottish Ministers may, by order—

(a) confer functions on;

(b) remove functions from;

(c) otherwise modify functions of,

the Commission.

(2) The Scottish Ministers may make an order under subsection (1) only where they consider it appropriate to do so to ensure that the Commission carry out their functions efficiently and effectively.

(3) An order under subsection (1) may—

(a) confer on the Commission a function exercisable under this Act by the Scottish Ministers (other than a function to make regulations or orders);

(b) modify any enactment (including this Act).]

Textual Amendments

F8 Ss. 2A-2D inserted (1.10.2011 for the insertion of s. 2A, 1.4.2012 in force in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 2(2), 57(2) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4); S.S.I. 2011/334, art. 3, sch. Pt. 2 (with art. 4, art. 5(2)(3) )