Crofters (Scotland) Act 1993

Changes over time for: Section 42

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Crofters (Scotland) Act 1993, Section 42.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

42 Crofters.S

(1)For the purpose of [F1supporting any reasonable use which promotes the sustainable development of] crofts, the Secretary of State may, after consultation with the Commission F2..., make schemes for providing grants F2... to crofters.

[F3(1A)Such schemes shall specify criteria for determining who shall be eligible for grants payable under those schemes (as for example, the occupier's income, or the rental or agricultural value or extent of his croft); and different schemes may specify different criteria.]

(2)Any scheme under subsection (1) above may—

(a)provide for the administration, through the agency of the Commission, of the grants F4... payable thereunder;

(b)make provision enabling the [F5Scottish Ministers, or the Commission on behalf of the Ministers,] to recover the grant F6... in such circumstances and from such person as may be specified in the scheme;

(c)provide that, where the grant F7... is being given in respect of a common grazing and a grazings committee or a grazings constable has been appointed under section 47 of this Act, the Secretary of State shall pay the grant F7... to the clerk of the grazings committee or the constable for the benefit of the crofters concerned.

(3)Any scheme under subsection (1) above shall be embodied in a statutory instrument which shall be laid before Parliament after being made, and any such scheme may be varied or revoked by a subsequent scheme made in the like manner.

(4)[F8Without prejudice to subsection (1) above,] The Secretary of State may, in accordance with arrangements made by him F9..., provide assistance by way of grants F9... towards the erection or improvement or rebuilding of dwelling-houses and other buildings for crofters or towards the provision or improvement of roads, or water or electricity or gas supplies.

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Regulations shall be made by the Secretary of State—

(a)for securing that, where a grant has been made towards the erection, improvement or rebuilding of a dwelling-house or other building, conditions with respect to the occupation and maintenance thereof shall apply thereto for such period from the completion of the work (not being longer than 40 years) as may be specified in the regulations;

(b)for securing that in the event of a breach of any of the conditions the [F11Scottish Ministers, or the Commission on behalf of the Ministers,] may recover from such person as may be specified in the regulations a sum bearing the same proportion to the grant made as the period between the date of the breach of the condition and the expiration of the period specified under paragraph (a) above bears to the last mentioned period, together with interest on such sum from the date on which the grant was made at such a rate as may be specified in the regulations;

(c)for providing that the conditions applied by the regulations to a dwelling- house or building shall cease to apply on payment to the [F12Scottish Ministers, or to the Commission on behalf of the Ministers,] by such person as may be specified in the regulations of such amount as may be so specified;

(d)for securing that, where any conditions apply to a dwelling-house or building by virtue of the regulations, the Secretary of State shall cause to be recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland a notice in a form prescribed by the regulations specifying the conditions which by virtue of the regulations apply to the dwelling-house or building; and that, where such conditions cease so to apply by virtue of such a payment F13... as is referred to in paragraph (c) above, the Secretary of State shall cause to be so recorded or registered a notice in a form prescribed as aforesaid stating that the conditions no longer apply to the dwelling-house or building;

(e)for such other incidental and supplementary matters as appear to the Secretary of State to be requisite or expedient for the purposes aforesaid.

(7)The Secretary of State may make regulations providing that the conditions applied to any dwelling-house by regulations made under subsection (6) above shall not apply to such dwelling-house in such circumstances and to such extent as may be specified in the regulations made under this subsection.

(8)No [F14grant under subsection (1) above, nor assistance under subsection (4) above, shall be given towards carrying out any works] if assistance out of public money by way of grant or subsidy has been given under any other enactment towards the works in question.

(9)A person shall not be disqualified for receiving [F15a grant under subsection (1) above nor] assistance under subsection (4) above by reason only that, after he has applied for and the Secretary of State has undertaken to provide such assistance, he has become the owner of the croft in respect of which the application was made.

[F16(9A)Any scheme under subsection (1) above or arrangements under subsection (4) above may provide that a person's economic status is a criterion for eligibility for grants payable under that scheme or those arrangements.]

(10)If any person, for the purpose of obtaining for himself or any other person a grant F17... under a scheme made under subsection (1) above or under [F18arrangements made unde] subsection (4) above, knowingly or recklessly makes a false statement he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

Textual Amendments

F1Words in s. 42(1) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(a)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F2Words in s. 42(1) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(a)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F3S. 42(1A) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(b) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F4Words in s. 42(2)(a) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(c)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F5Words in s. 42(2)(b) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(c)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F6Words in s. 42(2)(b) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(c)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F7Words in s. 42(2)(c) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(c)(iii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F8Words in s. 42(4) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(d)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F9Words in s. 42(4) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(d)(ii) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F10S. 42(5) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(e) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F11Words in s. 42(6)(b) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(10)(f)(i) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.