Crofting Reform etc. Act 2007
| Jurisdiction | Scotland |
| Citation | 2007 asp 7 |
| Year | 2007 |
Crofting Reform etc. Act 2007
2007 asp 7
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th January 2007 and received Royal Assent on 1st March 2007
An Act of the Scottish Parliament to make further provision as regards crofting and as regards the Scottish Land Court; and for connected purposes.
Part 1
The Crofters Commission
1 Discharge of functions
In section 1 of the 1993 Act (constitution and general functions of Crofters Commission), for subsection (3) there is substituted—
‘(3) The Commission shall discharge their functions in accordance with such directions of a general or specific character as may from time to time be given to them in writing by the Scottish Ministers.
After section 59 of the 1993 Act, there is inserted—
59A ‘Equal opportunities
(1) The Commission shall discharge their functions in a manner which encourages equal opportunities and, in particular, the observance of the equal opportunities requirements.
After section 3 of the 1993 Act, there is inserted—
58A ‘Obtaining Commission approval or consent
(1) Any requirement, under or by virtue of this Act, to obtain the approval or consent of the Commission, shall (subject to any express provision made by this Act in respect of any category of case) be complied with as follows.
(a) be in such form; and
(b) be accompanied by such documents and fee,
as the Commission shall specify; and the Commission may make different provision for different categories of case.
(a) forthwith give public notification of it; and
(b) if he is not the landlord (or, where the land to which the application relates is, or is part of, a common grazing, not the owner) give written notification of it to the landlord (or to the owner).
(a) the landlord (or where the land to which the application relates is, or is part of, a common grazing, the owner);
(b) any member of the crofting community in the locality of that land (including, where that land is, or is part of, a common grazing, the grazings committee or any crofter who shares in the grazing); or
(c) any other person if he is identified for the purposes of this subsection by the provision which imposes the requirement mentioned in subsection (1) above,
may submit to the Commission an objection as regards the application, being an objection of the description given in subsection (16) below.
(5) The 28 days mentioned in subsection (4) above include the day on which the notification in question is given.
(a) must, in a case where they have received such objections by virtue of subsection (4) above and do not consider them to be frivolous, vexatious or unreasonable, intervene as respects the application;
(i) the general conditions; or
(ii) any conditions (if any) special to applications of the category in question,
applies as respects the application.
(a) the applicant, the landlord (or owner) and, as the case may be, the grazings committee of the terms of the objection and of the reason for that decision; and
(b) the objector, of that reason.
(8) If, other than by reason of any such objection, the Commission decide to intervene as respects the application, they shall notify the applicant, the landlord (or owner) and, as the case may be, the grazings committee of their decision to intervene, stating their reasons for intervention.
(i) the interests of the estate which comprises the land;
(ii) the interests of the crofting community mentioned in subsection (4)(b) above;
(iii) the interests of the public at large;
(iv) the sustainable development of the crofting community so mentioned; and
(b) that such information as is contained in the application and its accompanying documents is insufficient for them to come to a decision as respects the proposal.
(i) the applicant;
(ii) the landlord (or owner);
(iii) any person who objected under subsection (4) above; and
(iv) as the case may be, the grazings committee,
that the proposal is approved and may be implemented or as the case may be that the matter is consented to and may be proceeded with accordingly;
(i) notify the persons mentioned in sub-paragraphs (i) to (iv) of paragraph (a) above of their decision to intervene, stating their reasons for intervention;
(ii) inform those persons (provided in the case of a person who objected under subsection (4) above that the objection was not considered by the Commission to be frivolous, vexatious or unreasonable) that they may, after the Commission make a determination under subsection (11) below, have the right to appeal to the Land Court as respects that determination.
(11) Subject to any other provision of this Act as to procedure, the Commission may determine by such procedure and arrangements (including arrangements as to delegation and the powers and duties of persons delegated) as they consider appropriate whether or not to grant the approval or consent applied for; and references in this section to their intervening are to their proceeding to such a determination.
(12) Where the Commission grant the approval or consent applied for they shall enter the proposal or the matter consented to (and if and in so far as they think fit any information obtained by them by virtue of subsection (2) above and pertaining to that proposal or matter) in the Register of Crofts and give such notification as is mentioned in subsection (10)(a) above.
(13) The Scottish Ministers may issue guidance to the Commission for the purposes of subsection (9)(a)(iv) above; and the Commission must have regard to any guidance so issued.
(a) subsection (9) above;
(b) any provision of this Act in which are set out conditions mentioned in subsection (6)(b)(ii) above,
so as to add to, vary or revoke the general conditions or as the case may be the conditions so mentioned.
(a) laid before; and
(b) approved by resolution of,
the Scottish Parliament.
(16) The description is that the objection is made in writing or in another form which, by reason of its having some permanency, is capable of being used for subsequent reference (as, for example, a recording made on audio or video tape).
(a) transmitted by electronic means;
(b) received in legible form; and
(c) capable of being used for subsequent reference.
In section 40 of the 1993 Act (obtaining of information by the Commission)—
(i) for the words ‘The Commission may by notice’ there is substituted ‘Without prejudice to any other provision of this Act whereby information may or shall be obtained by them, the Commission may by notice under this section’; and
(ii) after the words ‘any holding’ insert ‘, or on the executor of the person who most recently was the owner or occupier of any holding,’;
(b) in subsection (2), for the words ‘owner or occupier’ there is substituted ‘owner, occupier or executor’; and
(c) after subsection (2) there is added—
‘(3) Where the Commission impose a requirement under subsection (1) above, to provide information on any person making an application under this Act (the requirement being for the purposes of the application), the Commission may if they think fit decline to do anything in relation to the application until they are satisfied either that the requirement has been complied with or that it is not practicable to comply with the requirement.
(4) If the Commission are satisfied that it is not practicable to comply with the requirement (the "original requirement") they may modify it; and subsection (3) above shall apply in relation to the modified requirement as that subsection applies to the original requirement.
(5) This section applies in relation to a common grazing as it applies in relation to a holding except that for the purposes of that application references in the section to an occupier of a holding are to be construed as references to a crofter who shares in the common grazing.
In section 41 of the 1993 Act (Register of Crofts)—
‘(ca) the landlord's...
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