F1Consent for absence from croft
24CF2Application of section 25 in relation to decrofting directions
1
Section 25 applies in relation to an application under section 24A(1) by an owner-occupier crofter for a decrofting direction, and to such a direction, as it applies in relation to an application under section 24(3) by a landlord of a vacant croft, and to a direction under section 24(3), subject to the modifications mentioned in subsections (2) to (4).
2
In subsection (1), for paragraph (b) substitute—
b
in a case where—
i
the application is made in respect of a part of a croft, which consists only of the site of the dwelling-house on or pertaining to the croft, and
ii
they have not previously given a direction under section 24B(1) to the applicant in relation to such a site on or pertaining to that croft,
they are satisfied that the extent of garden ground included in that part is appropriate for the reasonable enjoyment of the dwelling-house as a residence;
3
In subsection (3), for the words from “land in respect” to the end substitute “
direction under section 24B(1) is revoked
”
.
4
The following provisions of, or words in, section 25 do not apply—
a
subsection (1)(c),
b
in subsection (2), the words “or (c)”,
c
subsection (4),
d
subsections (4ZA) to (4ZD),
e
subsection (4A),
f
in subsection (6)—
i
the words “or subsection (4)”,
ii
the words “or only of land the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act”,
g
in subsection (7), the words “or subsection (4)”,
h
subsection (8)(a)(ii).
Ss. 21B-21D and cross-heading inserted (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 35, 57(2) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)