Provisions relating to termination of tenancy and de-crofting
20 Resumption of croft or part of croft by landlord.
1
The Land Court may, on the application of the landlord and on being satisfied that he desires to resume the croft, or part thereof, for some reasonable purpose having relation to the good of the croft or of the estate or to the public interest F2or the interests of the crofting community in the locality of the croft , authorise the resumption thereof by the landlord upon such terms and conditions as it may think fit, and may require the crofter to surrender his croft, in whole or in part, to the landlord accordingly, upon the landlord making adequate compensation to the crofter either by letting to him other land of equivalent value in the neighbourhood or by compensation in money or by way of an adjustment of rent or in such other manner as the Land Court may determine.
F31A
A landlord making application under subsection (1) above must give notice of it to the Commission; and the Commission may, if they think fit, oppose or support the application.
F41AA
In determining whether it is satisfied as mentioned in subsection (1) above (and, in particular, whether the reasonable purpose mentioned there relates to the public interest) the Land Court—
a
may take into account the effect that purpose (whether alone or in conjunction with other considerations) would have on the matters mentioned in subsection (1AC) below; and
b
where the purpose is, or is connected with, the development of the croft in respect of which planning permission subsists, may take into account the effect such development would have on the croft, the estate and the crofting community in the locality of the croft,
and must authorise, or refuse to authorise, the resumption of the croft by the landlord accordingly.
1AB
Subsection (1AA) above is without prejudice to subsection (1D) below.
1AC
The matters mentioned in subsection (1AA)(a) above are—
a
the sustainability of—
i
crofting in the locality of the croft or such other area in which crofting is carried on as appears to the Land Court to be relevant;
ii
the crofting community in that locality or the communities in such an area;
iii
the landscape of that locality or such an area;
iv
the environment of that locality or such an area;
b
the social and cultural benefits associated with crofting.
1AD
In subsection (1AA) above—
“development” has the meaning given by section 26 of the Town and Country Planning (Scotland) Act 1997 (c.8);
“planning permission” is to be construed in accordance with Part 3 of that Act;
“effect” includes both a positive and negative effect.
1B
Without prejudice to the generality of subsection (1) above, resumption may be authorised under that subsection for a specified period of time (such resumption being in this Act referred to as “temporary resumption” and resumption other than for a specified period of time as “ordinary resumption”) and the land shall revert to being a croft (or to being part of a croft)—
a
on the date on which the period (or as the case may be the period as extended under subsection (1D) below) elapses; or
b
on such earlier date as the Land Court may specify in an order under section 21A(1) of this Act.
1C
Subject to subsection (1D) below, the Land Court may, on the application of the landlord, extend the period specified under subsection (1B) above.
1D
Where a planning permission granted for a limited period subsists for a change of the use of the land, being a change for which resumption was authorised, the Land Court must, on such application, extend the period so specified; but not to a date later than the end of the period specified in the condition under subsection (1)(b) of section 41 of the Town and Country Planning (Scotland) Act 1997 (c. 8) to which the permission is subject.
1E
In subsection (1D) above, “planning permission granted for a limited period” shall be construed in accordance with subsection (3) of that section.
1F
The Land Court may, on the application of the landlord made before the expiry of the specified period of time referred to in subsection (1B) above, determine that a resumption authorised as a temporary resumption is to be taken to be an ordinary resumption; and where such a determination is made—
a
subsections (1B) to (1D) above and the exception to subsection (2)(b) of section 21A of this Act shall cease to be applicable as respects the resumption; and
b
the Land Court may determine (either or both)—
i
that the landlord shall make further compensation under subsection (1) above;
ii
that the crofter shall, under section 21(1) of this Act, be entitled to a further share in the value of the land.
2
A sum awarded as compensation under subsection (1) above shall, if the Land Court so determines, carry interest as from the date when such sum is payable at the same rate as would apply (in the absence of any such statement as is provided for in Rule 66 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965) in the case of decree or extract in an action commenced on that date in the Court of Session if interest were included in or exigible under that decree or extract.
3
For the purposes of subsection (1) above “reasonable purpose” shall include—
a
the using, letting or F1disposing of the land proposed to be resumed for—
i
the building of dwellings;
ii
small allotments;
iii
harbours, piers, boat shelters or other like buildings;
iv
churches or other places of religious worship;
v
schools;
vi
halls or community centres;
vii
planting;
viii
roads practicable for vehicular traffic from the croft or township to the public road or to the seashore;
F5viiia
the generation of energy; or
ix
any other purpose likely to provide employment for crofters and others in the locality;
b
the protection of an ancient monument or other object of historical or archaeological interest from injury or destruction.
4
Where an application is made, with the consent of a majority of the persons sharing in a common grazing and with the approval of the Commission, for authority to resume any land forming part of the common grazing for the purpose of using, letting or otherwise disposing of it for the planting of trees, the Land Court shall not withhold its authority for such resumption.
5
Where a grazings committee have, under section 48(4) of this Act, planted trees on land forming part of a common grazing, it shall not be competent for an application to be made under subsection (1) above in respect of that land while it continues to be used as woodlands.