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

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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

Article 2

SCHEDULE

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

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