Textual Amendments
F1Ss. 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)
(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).]