Crofters (Scotland) Act 1993

46 Owner-occupiers of like economic status as crofters and other persons. S

(1) The Secretary of State shall have the like powers to provide assistance by way of [F1 grant] for the erection, improvement or rebuilding of buildings other than dwelling-houses or towards the provision or improvement of roads, or water or electricity or gas supplies [F2 for owner-occupier crofters and] for owners of holdings to which subsection (2) below applies as he has to provide such assistance for crofters; and subsections (4), (6), (8) and (10) of section 42 of this Act shall apply accordingly.

(2) This subsection applies to any holding which—

(a) is situated in the crofting counties; and

(b) is either—

(i) a holding of which the area does not exceed 30 hectares, or

(ii) a holding of which the annual rent, if it were a croft let to a crofter under this Act, would not in the opinion of the Secretary of State exceed £100, or

(iii) a holding which exceeds 30 hectares and of which the annual rent if it were a croft so let would in the opinion of the Secretary of State exceed £100, but which in the opinion of the Secretary of State is not substantially larger than 30 hectares or is capable of being let as a croft at an annual rent not substantially in excess of £100; and

(c) is owned by a person who in the opinion of the Secretary of State [F3 uses his holding in a way which is substantially the same as that of a crofter] ; and

(d) is occupied by the owner thereof.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State shall have the like power to provide financial assistance—

[F5 (a) for owner-occupier crofters; and]

(b) for occupiers of holdings, other than crofts, situated in the crofting counties which are either holdings of which the area does not exceed 30 hectares (exclusive of any common pasture or grazing held therewith) or holdings the annual rent of which, if they were crofts let to crofters under this Act, would not, in the opinion of the Secretary of State, exceed £100, being occupiers who in the opinion of the Secretary of State [F6 use their holdings in a way which is substantially the same as that of a crofter] ; and

(c) for occupiers of holdings, other than crofts, situated in the crofting counties which exceed 30 hectares (exclusive of any common pasture or grazing held therewith) and of which the annual rent if they were crofts so let would in the opinion of the Secretary of State exceed £100, but which in the opinion of the Secretary of State are not substantially larger than 30 hectares (exclusive of any common pasture or grazing held therewith) or are capable of being so let at an annual rent not substantially in excess of £100, being occupiers who in the opinion of the Secretary of State [F6 use their holdings in a way which is substantially the same as that of a crofter] ; and

(d) for subtenants of crofts or parts of crofts occupying under subleases intimated or granted as mentioned in section 29(2) of this Act[F7 ;

(e) for tenants of crofts or parts of crofts occupying under short leases granted as mentioned in section 29A,]

as he has by virtue of subsection (1) of section 42 of this Act to provide financial assistance for crofters; and accordingly the said subsection (1) shall have effect as if the reference therein to crofts included a reference to such [F8 owner-occupied crofts and] holdings and to parts of crofts and as if the reference therein to crofters included a reference to [F9 owner-occupier crofters,] to occupiers of such holdings [F10 , to subtenants of crofts or parts of crofts and to tenants of crofts or parts of crofts occupying under such short leases] .

(5) If any person, for the purpose of obtaining for himself or any other person, a grant F11 ... under a scheme made under section 42(1) of this Act as applied by subsection (4) above, knowingly or recklessly makes a false statement he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Textual Amendments

F1 Word in s. 46(1) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(13)(a) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F2 Words in s. 46(1) inserted (22.12.2010) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(27)(a) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4)

F3 Words in s. 46(2)(c) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(13)(b) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F4 S. 46(3) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(13)(c) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F5 S. 46(4)(a) substituted (22.12.2010) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(27)(b)(i) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4)

F6 Words in s. 46(4)(b)(c) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(13)(d)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F7 S. 46(4)(e) inserted (22.12.2010) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(27)(b)(ii) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4)

F8 Words in s. 46(4) inserted (22.12.2010) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(27)(c)(i) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4)

F9 Words in s. 46(4) substituted (22.12.2010) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(27)(c)(ii) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4)

F10 Words in s. 46(4) substituted (22.12.2010) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(27)(c)(iii) (with s. 57(4)); S.S.I. 2010/437, art. 3, sch. (with art. 4)

F11 Words in s. 46(5) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(13)(e) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.