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- Point in Time (22/12/2010)
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Version Superseded: 01/10/2011
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There are currently no known outstanding effects for the Crofters (Scotland) Act 1993, Section 8.
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(1)A crofter shall not assign his croft— [F1unless he obtains the consent of the Commission]
[F2(2)In the case of an application made by virtue of subsection (1) above in respect of an assignation to a person other than a member of the crofter's family, the following special conditions apply for the purposes of section 58A(6)(b)(ii) of this Act—
(a)that the proposed assignee lives, or intends to live, more than 16 kilometres distant from the croft;
(b)that he already owns or is tenant of a croft;
(c)that he lacks the knowledge, abilities and experience to cultivate the croft or as the case may be to put it to such other purposeful use as he intends;
(d)that he is the grazings clerk or a member of the grazings committee;
(e)where the landlord is not a natural person, that the proposed assignee is a member or employee, or is a member of the family of a member or employee, of the body which constitutes the landlord;
(f)that there are reasonable grounds for concern over the use to which the proposed assignee intends to put the croft.]
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Where a crofter assigns his croft otherwise than with the consent [F3of the Commission] , such assignation and any deed purporting so to assign the tenancy shall be null and void and the Commission may declare the croft to be vacant.
(6)An assignation to which the Commission have given their consent under this section shall take effect [F4on such date as the Commission shall specify in the consent (being a date not less than two months after that on which the consent was intimated to the crofter) unless before that date] the crofter or his executor or legatee and the assignee jointly give to the Commission notice in writing that they do not intend to proceed with the assignation.
(7)Any reference in this section to a croft shall include a reference to a part of a croft, being a part consisting of any right in pasture or grazing land deemed by virtue of section 3(4) of this Act to form part of a croft.
Textual Amendments
F1Words in s. 8(1) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 12(a), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
F2S. 8(2) substituted for s. 8(2)-(4) (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 12(b), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
F3Words in s. 8(5) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 12(c), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
F4Words in s. 8(6) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 12(d), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
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