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Crofters (Scotland) Act 1955 (repealed 5.1.1994)
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Changes over time for: Section 23
Version Superseded: 05/01/1994
Alternative versions:
- 01/02/1991- Amendment
- 30/11/1991- Amendment
- 30/11/1991
Point in time - Stop date 05/01/1994- Amendment
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Point in time view as at 30/11/1991. This version of this provision has been superseded.
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23 Supplementary provisions as to loans.U.K.
(1)Where assistance is given under subsection (2) or subsection (3) of the last foregoing section by way of loan, the following provisions of this section shall have effect.
(2)The Secretary of State shall give notice to the landlord of the giving of any such assistance as aforesaid.
(3)The agreement for the loan shall be recorded in the Crofters Holdings Book and as recorded shall have the effect of transferring to the Secretary of State all rights of the crofter and his statutory successors to compensation for permanent improvements up to the amount of any outstanding liability to the Secretary of State.
(4)Any amount due by virtue of subsection (3) of this section to the Secretary of State by the landlord may, if the Secretary of State on the application of the landlord so determines, be deemed to be a loan by the Secretary of State to the landlord, and the provisions of the Third Schedule to this Act shall apply in relation thereto.
(5)Where the outgoing tenant of a croft is under any liability to the Secretary of State in respect of a loan made to him, the Secretary of State and the incoming tenant may agree that the latter shall assume such liability, and if they so agree the amount thereof shall be deemed to be a loan made to the incoming tenant under subsection (3) of the last foregoing section, and this section shall have effect accordingly.
(6)The provisions of the Third Schedule to this Act shall apply in relation to any loan made by virtue of subsection (6) or subsection (7) of the last foregoing section.
Modifications etc. (not altering text)
C1S. 23(3) amended by Coal-Mining (Subsidence) Act 1957 (c. 59), s. 10(7)
C2S. 23(3) modified (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 8(9)(a)
C3S. 23(3) amended (E.W.S.) (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 21(1), Sch. 3, para. 3(b) (with s. 37(4), Sch. 7); S.I. 1991/2508, art.2
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