Crofter Forestry (Scotland) Act 1991
| Jurisdiction | UK Non-devolved |
(1) After subsection (1B) of section 25 of the Crofters (Scotland) Act 1955 (powers and duties of grazings committees) there shall be inserted the following subsections— Subject to section 26A of this Act and to subsections (1D) and (1E) below, where the grazings committee have obtained the approval and consent referred to in subsection (1) of that section they may plant trees on, and use as woodlands, any part of the common grazing in accordance with the approval and consent.Where any crofter interested in the common grazing requests them to do so, the grazings committee shall exercise their power under subsection (1C) above.The power of the grazings committee under subsection (1C) above shall not be exercised in such a way that the whole of the common grazing is planted with trees and used as woodlands.(2) After section 26 of that Act there shall be inserted the following section—Crofters (Scotland) Act 1955 (resumption of all or part of croft by landlord) , there shall be inserted the following subsection— Where a grazings committee have, under section 25(1C) of this Act, planted trees on land forming part of a common grazing, it shall not be competent for an application to be made under subsection (1) above in respect of that land while it continues to be used as woodlands.after the words “subsection (1) (b) above” there shall be inserted “ , or to plant trees under subsection (1C) below, ” ; andafter the word “works” in the second place where it occurs there shall be inserted “ or, as the case may be, that planting ” .(3) In section 26(2) (b) of that Act (common grazings regulations) , for the words “section 25(1) (b) of this Act” there shall be substituted “ subsection (1) (b) and the exercise of their powers under subsection (1C) of section 25 of this Act ” .in subsection (1) , for the words “the last foregoing section” there shall be substituted “ section 26 ” ; andin subsection (4) , after the word “grazing”
- “(1C) Subject to section 26A of this Act and to subsections (1D) and (1E) below, where the grazings committee have obtained the approval and consent referred to in subsection (1) of that section they may plant trees on, and use as woodlands, any part of the common grazing in accordance with the approval and consent.
- (1D) Where any crofter interested in the common grazing requests them to do so, the grazings committee shall exercise their power under subsection (1C) above.
- (1E) The power of the grazings committee under subsection (1C) above shall not be exercised in such a way that the whole of the common grazing is planted with trees and used as woodlands.
- “(1) Where a grazings committee or any crofter interested in the common grazing proposes that the committee should, in exercise of their power under section 25(1C) of this Act, plant trees on, and use as woodlands, any part of the common grazing, the committee shall apply for—
- (a) the approval of the Commission; and
- (b) the consent of the landlord of the common grazing, to the use as woodlands of the part of the common grazing concerned.
- “landlord’s consent” means the consent of the landlord referred to in subsection (1) (b) above; and
- “Register of Crofts” means the Register maintained under section 3 of the Crofters (Scotland) Act 1961.
- “(3A) Where a grazings committee have, under section 25(1C) of this Act, planted trees on land forming part of a common grazing, it shall not be competent for an application to be made under subsection (1) above in respect of that land while it continues to be used as woodlands.
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