Part 2Crofts
12Assignation
In section 8 of the 1993 Act (assignation of croft)—
a
in subsection (1), for paragraphs (a) and (b) there is substituted “unless he obtains the consent of the Commission”;
b
for subsections (2) to (4) there is substituted—
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.
c
in subsection (5), for the words from “in writing” to “above” there is substituted “of the Commission”; and
d
in subsection (6), for the words from “at the term” to “may be,” there is substituted “on 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”.