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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070269.html

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SCOTTISH STATUTORY INSTRUMENTS

2007 No. 269 (C. 24)

CROFTERS, COTTARS AND SMALL LANDHOLDERS

The Crofting Reform etc. Act 2007 (Commencement No. 1) Order 2007

  Made 27th March 2007 

The Scottish Ministers, in exercise of the powers conferred by section 43(3) and (4) of the Crofting Reform etc. Act 2007[1], hereby make the following Order:

Citation
     1. This Order may be cited as the Crofting Reform etc. Act 2007 (Commencement No. 1) Order 2007.

Commencement of provisions
     2. The day appointed for the coming into force of the provisions of the Crofting Reform etc. Act 2007 listed in the Schedule to this Order is 25th June 2007; but where a particular purpose is specified in relation to any such provision in column 3 of the Schedule, the provision shall come into force only for that purpose.


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
27th March 2007



SCHEDULE
Article 2

Column 1 Column 2 Column 3
Provision Subject matter Purpose
1 Discharge of functions           
2 Equal opportunities           
6 New crofts           
7(1)(c) Statutory conditions Only for the purpose of bringing into force subsections (3) to (6) of section 5 of the Crofters (Scotland) Act 1993
7(2)(e) to (h) Statutory conditions           
8 Complaint as respects breach of the statutory conditions           
11(2) and (3) Subletting           
18 Determination of the Land Court as to croft boundaries           
19 Access to croft           
20 Reorganisation schemes           
21 Meaning of croft           
22 Resumption and reversion           
23 Decrofting           
26(1)(a) to (d), (f) and (g) Use of common grazing           
26(2) Use of common grazing Only for the purpose of bringing into force section 50A of the Crofters (Scotland) Act 1993
27 New common grazing           
29 Further amendment of section 52: apportionment           
30 Schemes for development           
31 Crofting community right to buy           
32 Regulations concerning loans           
33 Appeal to Land Court and jurisdiction of that court           
34 Further amendments in relation to the Land Court           
35 Public notification           
36 "Members of a family"           
37 "Crofting community"           
39 Minor and consequential amendments           
42 Repeals Only for the purpose of bringing into force the repeals to the Crofters (Scotland) Act 1993
Schedule 1 Minor and consequential amendments           
Schedule 2 Repeals Only for the purpose of bringing into force the repeals to the Crofters (Scotland) Act 1993


EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force on 25th June 2007 a number of the provisions of the Crofting Reform etc. Act 2007. These largely make amendments to the Crofters (Scotland) Act 1993 ("the 1993 Act"). The amendments deal with functions of the Crofters Commission, additional statutory conditions for croft tenancies, a complaints procedure for breaches of the statutory conditions, sub letting of crofts and determination of croft boundaries.

The 1993 Act is also amended as respects reorganisation schemes, the resumption and reversion of crofts, de crofting, common grazing and the definitions of "croft", "members of a family" and "crofting community".

New provisions are inserted into the 1993 Act to provide for the creation of new crofts, an application to court for access to a croft over land owned by the landlord, schemes for development on croft land or common grazings, appeals to the Land Court against decisions made by the Crofters Commission, regulations concerning loans and public notification.

The Land Reform (Scotland) Act 2003 is amended with respect to the crofting community right to buy to enable the acquisition of the tenant's interest in leases.

The Scottish Land Court Act 1993 is amended with respect to the constitution of and other arrangements for the Land Court.

Schedule 1 makes minor and consequential amendments. Schedule 2 is brought into force to repeal some parts of the 1993 Act.

Notes:

 [1] 2007 asp 7.back


ISBN 978 0 11 077526 5


 © Crown copyright 2007

Prepared 3 April 2007

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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070269.html