Crofters (Scotland) Act 1993

5 The statutory conditions. S

(1) Every tenancy of a croft shall be subject to the conditions set out in Schedule 2 to this Act (in this Act referred to as “the statutory conditions”).

(2) A crofter shall not be subject to be removed from the croft of which he is tenant except—

(a) where one year’s rent of the croft is unpaid;

(b) in consequence of the breach of one or more of the statutory conditions, other than the condition as to payment of rent; or

(c) in pursuance of any enactment, including any enactment contained in this Act.

(3) [F1 Any contract or agreement made by a crofter by virtue of which he is deprived of any right conferred on him by any provision of this Act (other than sections 12 to 19, 21 and 37) shall to that extent be void unless the contract or agreement is approved by the Land Court.]

[F1 (3) Any contract or agreement made by a crofter by virtue of which he is deprived of any right conferred on him by—

(a) a provision of this Act not mentioned in paragraph (b) below, shall to that extent be void unless the contract or agreement is approved by the Land Court;

(b) any of sections 8, 12 to 19, 21 and 37 of this Act, may be intimated to the Commission by a party to the agreement (the intimation being in such form as the Commission may specify and there being provided to the Commission, along with the intimation, a copy of the contract or agreement).

(4) On giving approval under subsection (3)(a) above, the Land Court shall intimate to the Commission that it has done so and provide them with a copy of the contract or agreement.

(5) On receiving a copy, provided under subsection (3)(b) or (4) above, of a contract or agreement the Commission shall enter the copy in the Register of Crofts.

(6) Where a copy is so entered then, subject to the terms of the contract or agreement, the deprival in question is binding on the successors to the crofter's interest.

(7) Before the croft is put to any such use as is mentioned in paragraph 3(b) of the statutory conditions, the crofter must apply for the landlord's written consent and either—

(a) obtain it unconditionally or subject to conditions which the crofter accepts; or

(b) obtain the consent of the Commission.

(8) Any application for consent under paragraph (b) of subsection (7) above is to be made under this subsection but may be made only where consent under paragraph (a) of that subsection (whether unconditional or subject to such conditions as are mentioned in paragraph (a)) has not been obtained within 28 days after application under paragraph (a).

(9) The Commission shall, on receipt of an application under subsection (8) above—

(a) consult, as regards the proposed purposeful use, the landlord and the members of the crofting community in the locality of the land; and

(b) if the proposed purposeful use—

(i) constitutes a change for which planning permission is required; or

(ii) by virtue of any enactment (other than this Act) requires any other permission or approval,

require it to be shown that the permission or approval has been given.

(10) The Commission shall decide the application within 28 days after receiving it; and if they give their consent may impose such conditions as they think fit.]

Textual Amendments

F1 S. 5(3)-(10) substituted for s. 5(3) (25.6.2007 for specified purposes, 28.1.2008 in force in so far as not already in force) by Crofting Reform etc. Act 2007 (asp 7), ss. 7(1)(c), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.; S.S.I. 2007/568, art. 2