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DRAFT CROFTING REFORM (SCOTLAND) BILL: Consultation Paper
Section 24: Resumption and reversion
Section 24 makes a number of changes to the handling of resumption of land from crofting tenure including the extension of the definition of "reasonable purpose" to include the generation of energy. It also provides that the Commission can be a party to all resumption hearings before the Land Court. Consequently, the Commission can choose whether to give evidence to a resumption hearing. It empowers the Land Court to allow resumption for a specified period, rather than the permanent arrangement required by the existing legislation. It also empowers the Land Court to determine that payments to crofters as a share in the value of resumed land may be made by instalments rather than in a lump sum. This removes a potential obstacle to the development of land where income is deferred or spread over a lengthy period. Finally, it empowers the Land Court to restore resumed land to crofting tenure in certain circumstances.
Section 24(1)(a) amends section 20(1) of the 1993 Act to extend the matters which the Land Court must take into account when considering a resumption application to include the interests of the crofting community. Section 24(1)(b) inserts new subsections (1A) _ 1(F) into section 20. The effect of new section 20(1A) is that the landlord must convene the Commission as a third party to a resumption application. This means that applications which are unopposed by crofters can nevertheless be challenged where there is concern about the impact of or need for resumption. New section 20(1B) allows the Land Court to specify that land is to be resumed for a specified period rather than permanently. New section 20(1C) allows the Land Court to extend that period on request and new section 20(1D) specifies circumstances where the Land Court is bound to extend the period of resumption in line with an extension of a relevant planning consent. New section 20(1F) allows the landlord to apply to the Land Court to turn a resumption for a specified period into a permanent resumption and provides for any necessary further compensation payment or further payment of a share in the value of the land to be made to the crofter.
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PART 3
TERMINATION OF TENANCY, DECROFTING, ETC.
24 Resumption and reversion
(1) In section 20 of the 1993 Act (resumption of croft or part of croft by landlord)—
(a) in subsection (1), after the word "interest" there is inserted "or the interests of the crofting community in the locality of the croft";
(b) after that subsection there is inserted—
"(1A) A landlord making application under subsection (1) above must, by service of notice on the Commission, convene them as a third party to the application.
(1B) Without prejudice to the generality of subsection (1) above, resumption may be authorised under that subsection for a specified period of time (such resumption being in this Act referred to as "temporary resumption" and resumption other than for a specified period of time as "ordinary resumption") and the land shall revert to being a croft (or to being part of a croft)—
(a) on the date on which the period (or as the case may be the period as extended under subsection (1D) below) elapses; or
(b) on such earlier date as the Land Court may specify in an order under section 21A(1) of this Act.
(1C) Subject to subsection (1D) below, the Land Court may, on the application of the landlord, extend the period specified under subsection (1B) above.
(1D) Where a planning permission granted for a limited period subsists for a change of the use of the land, being a change for which resumption was authorised, the Land Court must, on such application, extend the period so specified; but not to a date later than the end of the period specified in the condition under subsection (1)(b) of section 41 of the Town and Country (Scotland) Act 1967 (c.8) to which the permission is subject.
(1E) In subsection (1D) above, "planning permission granted for a limited period" shall be construed in accordance with subsection (3) of that section.
(1F) The Land Court may, on the application of the landlord made before the expiry of the specified period of time referred to in subsection (1B) above, determine that a resumption authorised as a temporary resumption is to be taken to be an ordinary resumption; and where such a determination is made—
(a) subsections (1B) to (1D) above and the exception to subsection (2)(b) of section 21A of this Act shall cease to be applicable as respects the resumption; and
(b) the Land Court may determine (either or both)—
(i) that the landlord shall make further compensation under subsection (1) above;
(ii) that the crofter shall, under section 21(1) of this Act, be entitled to a further share in the value of the land.".
(c) in subsection (3)(a), after sub-paragraph (viii) (but before the word "or" which immediately follows that sub-paragraph), there is inserted—
"(viiiA)the generation of energy;".
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Section 24(2) amends section 21 of the 1993 Act by adding new subsections(1A) to (1C) to provide that the Land Court may direct that sums payable to a crofter in connection with a resumption can be paid by instalments. It also provides for any such direction to be recorded in the Register of Crofts and so made binding on the successors to the landlord. |
(2) In section 21 of the 1993 Act (crofter’s right to share in value of land resumed by landlord)—
(a) after subsection (1) there is inserted—
"(1A) If it thinks fit the Land Court may, having regard to how the purpose for which resumption is authorised is to be carried out, determine that a sum awarded under this section shall be payable in instalments of such amounts and on such dates as it shall specify in the determination.
(1B) On making a determination under subsection (1A), the Land Court shall intimate to the Commission that it has done so and provide them with a copy of the determination; and the Commission shall enter that copy in the Register of Crofts.
(1C) When so entered the determination shall bind any successor to the landlord as it binds the landlord."; and
(b) in subsection (6), after the word "payable" there is inserted ", or in the case of payment by instalments as from the date when the unpaid balance of such sum is payable,".
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Section 24(3) inserts a new section 21A into the 1993 Act. That new section would allow a landlord of a croft, the person who was the tenant of the land when it was resumed or if the land had been part of a common grazing the owner or the grazings committee to apply to the Land Court to have the land restored to crofting tenure. The court is empowered to agree to the land being returned to crofting tenure provided the self explanatory conditions specified in new subsection 21A(2) are met. If the court were to determine that the land should be restored to crofting tenure new subsection 21A(4) empowers the court to specify that crofters should return all or part of the compensation or share of value paid on resumption. Where the land is to be restored as a common grazing new subsection 21A(5) empowers the court to specify how the question of shares in the grazing is to be dealt with. |
(3) After section 21 of the 1993 Act, there is inserted—
"21A Reversion of resumed land
(1) The Land Court may, on the application of any relevant person and on being satisfied that the conditions specified in subsection (2) below are met, make an order that land, the resumption of which was authorised under section 20(1) of this Act, shall revert to being a croft (or to being part of a croft).
(2) The conditions are—
(a) no standard security over the land subsists;
(b) except in the case of a temporary resumption, not less than 5 nor more than 20 years have elapsed since the resumption was so authorised;
(c) the purpose for which the landlord desired to resume the croft has not been carried out;
(d) no planning permission relating to a change of the use of the land subsists;
(e) the land remains suitable for use by crofters for cultivation; and
(f) the land is owned by the person who was so authorised.
(3) For the purposes of subsection (2)(e) above, "cultivate" has the same meaning as in Schedule 2 to this Act.
(4) Where land reverts by virtue of subsection (1) above, the Land Court may make such order (if any) as it thinks fit as to the repayment, in whole or in part, of any sum awarded as compensation under section 20(1), or any share in value paid by virtue of section 21(1), of this Act.
(5) Where land which reverts by virtue of subsection (1) above or under section 20(1B) of this Act comprises a common grazing, the Land Court may make such order as it thinks fit as to shares in the common grazing.
(6) "Relevant person" in subsection (1) above means the Commission, the landlord, the person who surrendered the land or, where the land comprises a common grazing, the owner or the grazings committee.". |
Section 25: Decrofting
Section 25(a) amends section 24 of the 1993 Act so that the Commission are no longer bound in certain circumstances to decroft a croft which has become vacant through Commission action. At present if such a croft remains vacant for 6 months the landlord can within the next 3 months give notice to the Commission requiring the Commission to decroft it. The new provision allows the Commission to apply to the Land Court for an extension of the period in which the croft may remain vacant thus allowing more time to find a suitable new tenant. If the Land Court grants an extension the Commission will become liable to make a payment to the landlord equivalent to the rent which would be due for the period of the extension. |
25 Decrofting
In the 1993 Act—
(a) in section 24 (decrofting in case of resumption or vacancy of croft)—
(i) in subsection (2), after the words "do so" there are inserted the following paragraphs –
"(a) forthwith or on the refusal of an application made under paragraph (b) below; or
(b) at the end of such further period as the Land Court, on the application of the Commission, may allow,"; and
(ii) after that subsection there is inserted—
"(2A) Where a further period is allowed by virtue of subsection (2)(b) above, the Commission shall be liable to the landlord for an amount equal to the rent which would have been payable for the croft in respect of that period."; and
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Section 25(b) amends section 25 of the 1993 Act to effect a number of changes. Section 25(1)(a) is amended so that the Commission must in addition have regard to the interests of the local crofting community in determining that a croft shall cease to be a croft. A new section 25(1)(c) is inserted to provide that the special arrangements for decrofting the site of a house would also apply to a croft which had been feud in accordance with the provisions of sections 17 or 18 of the 1955 Act (these were feus of house sites with existing houses to persons who had given up their croft for re-letting. Because there was no provision for decrofting these sites in the 1955 Act they have never been decrofted and thus are still in crofting tenure although no longer associated with other croft land). |
(b) in section 25 (provisions supplementary to section 24(3))—
(i) in subsection (1)(a), after the word "interest" there is inserted "or to the interests of the crofting community in the locality of the croft";
(ii) in subsection (1), after paragraph (b) there is added "or
"(c) the application is made in respect of a croft the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act";
(iii) in subsection (2), for the words "(1)(b)" there is substituted "(1)(b) or (c)";
(iv) in subsection (3), after the word "conditions" there is inserted "(which may include provision as to timescales)";
(v) after subsection (3) there is inserted—
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Section 25(3) of the 1993 Act is amended to allow the Commission to impose timescales for any new use and new subsections (3A) and (3B) extend the powers of the Commission to enable them to set such time scales for meeting conditions imposed in a crofting direction, to set a time limit within which the land being decrofted is used for the purpose for which it has been decrofted and to modify the conditions that apply to a decrofting direction. However, the power to set new conditions is constrained by the circumstances specified in new subsection (3C). |
"(3A) Conditions imposed by virtue of subsection (3) above may include a condition
that the use be initiated by a time specified in the condition. (3B) The Commission may from time to time modify any conditions so imposed. (3C) No such further direction as is mentioned in subsection (3) above shall be made
if—
(a) more than 20 years have elapsed since the direction under section 24(3) of this Act;
(b) the land, or any part of it, has, since the direction under that section, been conveyed to a person other than the former crofter or a member of the former crofters’ family; or
(c) a debt is for the time being secured by way of a standard security over, or over any real right in, the land or any part of it.";
(vi) after subsection (4) there is inserted—
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New sections 25(4A) and (4B) make two changes to the decrofting procedure. Firstly, they require a crofter who is applying for a decrofting direction whilst still the croft tenant to inform the landlord of the application and, secondly, they require that the application should be handled under the provisions of section 58A (inserted by section 5 of the Bill) if implementation of the application would impede access to another part of the croft or other croft land. The effect of this is that where the Commission are not satisfied that the extent of the garden ground is appropriate or access would be impeded, the landlord and any member of the crofting community could object to the proposal. An objection requires the Commission to consider the application and the Commission can also decide to consider the application if any of the criteria set out in new section 58A(9) or in new subsection 25(4C) apply. |
"(4A) Written notice of an application under subsection (4) above made in respect of a part of a croft consisting only of the site of the dwelling-house on or pertaining to the croft shall be given to the landlord by the applicant; and the Commission shall not give a direction by virtue of that subsection on an application so made unless they are satisfied (in addition to what is required by subsection (1)(b) above) that implementation of the proposal would not prevent or impede access to another part of the croft or to other croft land.
(4B) Section 58A of this Act does not apply in the case of an application made under—
(a) section 24(3) of this Act; or
(b) subsection (4) above,
other than as mentioned in subsection (4A) above.
(4C) In the case of an application made as mentioned in subsection (4A) above, the following special conditions apply for the purposes of section 58A(6)(b)(ii)—
(a) that the application appears to relate to ground which is not part of the croft;
(b) that the extent of garden ground included in the part of the croft to which the application relates is excessive; and
(c) that implementation of the proposal would prevent or impede access to another part of the croft or to other croft land."; and
(vii) For subsections (7) and (8) there is substituted—
"(7) The Commission shall give both—
(a) notice in writing to the applicant; and
(b) public notification,
of their direction on an application made to them under the said section 24(3) or subsection (4) above, specifying the nature of and the reasons for the direction and, as the case may be, for any conditions imposed in the direction.
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Section 25(b) also replaces sections 25(7) and (8) with new subsections (7), (7A) and (8). The main effects are firstly, to require the Commission to notify the landlord, applicant and the public of any decrofting direction they make setting out details of the decision and secondly, to extend the right to appeal that decision in the Land Court to the landlord and other members of the crofting community with the time allowed for making that appeal extended to 6 weeks. |
(7A) The Commission shall—
(a) give written notification to the owner of land—
(i) to which a further direction under subsection (3) above relates of the making of that direction; and
(ii) of the modification, under subsection (3B) above, of a condition which relates to that land; and
(b) give public notification of those matters.
(8) As regards—
(a) a direction (including a condition in a direction) by the Commission on an application—
(i) under section 24(3) above, the applicant or any member of the crofting community in the locality of the land;
(ii) under subsection (4) above, the applicant or the owner of the land,
may within 42 days after the giving of public notification of the making of the direction;
(b) a notification under subsection (3) above, of a condition which relates to land, the owner, or any tenant of the land or any member of the crofting community in the locality of the land, may within 42 days after the giving of public notification of the modification; or
(c) a further direction under subsection (3) above, the owner, or any tenant, of the land, may within 42 days after the making of that direction,
appeal to the Land Court who may hear or consider such evidence as it thinks fit in order to enable it to dispose of the appeal.".
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Section 26: Re-letting
Section 26 amends section 23 of the 1993 Act. By replacing section 23(3) it removes the right of the landlord to seek the consent of Scottish Ministers to a re-let when the Commission have not consented to the re-let. It also inserts a new section 23(3A) which requires the landlord to provide certain information in the application for approval of a re-let. The procedure set out in new section 58A (inserted by section 5 of the Bill) will apply to the process of obtaining Commission approval and new section 23(3B) sets out the additional criteria which will apply to consideration of a re-let case. Section 26(b) makes changes consequential to the removal of the right to seek the consent of Scottish Ministers by amending section 23(5). The new section 23(5B) also requires the Commission to seek by public notification prospective tenants for the croft where the landlord has failed to find a suitable tenant. |
26 Re-letting
In section 23 of the 1993 Act (vacant crofts)—
(a) for subsection (3) there is substituted—
"(3) The landlord of a croft shall not, without the approval of the Commission, let the croft or any part of it to any person; and any letting of the croft otherwise than with such approval shall be null and void.
(3A) Subsection (3) above is subject to section 29A(5)(a) of this Act.
(3B) In the case of an application made by virtue of subsection (3) above, the following special conditions apply for the purposes of section 58A(6)(b)(ii) of this Act—
(a) that the proposed tenant lives, or intends to live, within 16 kilometres of 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 grazing clerk, a member of the grazings committee, the owner of the common grazings or a member of the landlord’s family;
(e) where the landlord is not a natural person, that the proposed tenant is a member or employee, or is a member of the family of a member or employee, of the body which constitutes the landlord; and
(f) that there are reasonable grounds for concern over the use to which the proposed tenant intends to put the croft.";
(b) in subsection (5)—
(i) at the beginning there is inserted "Subject to subsection (5A) below,"; and
(ii) for the words from "the Commission refuse" to the end of the proviso there is substituted—
"the Commission’s approval of them is not obtained, the Commission must proceed in accordance with subsections (5B) and (5C) below.
(5A) Where the croft is declared vacant in pursuance of section 11(8) of this Act, if, within a period of four months from the giving of notice under that section, the proposals required by that notice to be submitted are not submitted or the Commission’s approval of them is not obtained, the Commission must proceed in accordance with subsections (5B) and (5C) below.
(5B) The Commission shall, by public notification, invite applications for tenancy of the croft within such period as shall be specified in the notification.
(5C) When that period has elapsed, the Commission shall determine—
(a) to which of the applicants (if any) to let the croft; and
(b) in consultation with the landlord, on what terms and conditions.".
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Section 27: Short Term croft tenancies
Section 27 introduces the new concept of "short-term croft tenancy" which enables an owner-occupier of an untenanted croft to let the whole or any part of the croft for a period of up to ten years without the tenant becoming a crofter. It does this by inserting new section 29A, 29B & 29C into the 1993 Act.
Subsection (1) of section 29A defines who may let a croft on a short term tenancy. It does so in a way which ensures this option is only available to a person who has been the croft tenant and has bought the croft or the successor in title to such a person. Section 29A(3) is a provision which ensures that a short term croft tenancy cannot be construed to be a croft tenancy or a tenancy under the Agricultural Holdings (Scotland) Acts. New section 29A(4) means that where the owner is eligible to let the croft on a short term croft tenancy and lives on or within 16 kilometres of the croft he may let the croft on a short term croft tenancy without requiring the consent of the Commission to do so. New section 29A(5) and (6) specify certain information about a short term croft tenancy which must be given to the Commission. New section 29A(7) provides that there must be a gap of at least 28 days between the end of one short term tenancy and the start of another tenancy involving the same tenant. New sections 29A(8) limits the number of crofts that can be included in a short term tenancy and imposes a proximity requirement. |
27 Short-term croft tenancies
After section 29 of the 1993 Act, there is inserted—
"29A Short-term croft tenancies
(1) An owner of an untenanted croft which he or a predecessor in title acquired—
(a) on an application under section 1 of the Crofting Reform (Scotland) Act 1976 or section 12 of this Act; or
(b) by agreement, where failure to agree would have allowed such application,
may, under this section, let the croft (or any part of it) for a period not exceeding 10 years for the purpose of its being cultivated by the tenant.
(2) A tenancy under subsection (1) above may be referred to as a "short-term croft tenancy".
(3) The tenant (in this Act referred to as a "short-term tenant") is not a crofter for the purposes of this Act and accordingly is not subject to the conditions set out in Schedule 2 to this Act; nor is the tenancy a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003) or a short limited duration tenancy or limited duration tenancy (within the meaning of that Act of 2003) or a tenancy to which section 3 of that Act of 2003 applies.
(4) This section is without prejudice to section 23 of this Act except that subsection
(3) of that section does not apply to a short-term croft tenancy if the owner resides on, or within 16 kilometres of, land comprised in the lease.
(5) The owner must—
(a) in applying to the Commission for any approval required by section 23(3) of this Act, include in that application;
(b) where no approval is so required, forthwith on letting, give notice thereof to the Commission and include in that notice,
the following information—
(i) the name and address of the short-term tenant;
(ii) the name and address of the owner; and
(iii) the name, location, rent and extent of the land comprised in the lease.
(6) There must be appended to the application or notice an Ordnance Map on which are delineated the boundaries of the land comprised in the lease, the scale being not less than 1:10,000.
(7) After the termination of a short-term croft tenancy, the owner may not, until at least 28 days have passed after the date of termination, enter into a further such tenancy of land comprised in the lease with the person who was the short-term tenant.
(8) In subsection (1) above, the expression "croft" may be construed as comprising more than one croft provided that they both or all are in close proximity one to another and are cultivated as a unit; but the expression shall not be construed as comprising more than four crofts.
(9) For the purposes of subsection (1) above, "cultivate" has the same meaning as in Schedule 2 to this Act. |
New section 29B provides that an end date for a short term croft tenancy must be specified in the lease, that such a tenancy may not be extended on a year to year basis and that a short term croft tenant cannot assign or sublet the tenancy. |
29B Further provision as respects short-term croft tenancies
(1) The lease constituting a short-term croft tenancy must specify a date of termination.
(2) A short-term croft tenancy is not capable of renewal or continuation by tacit relocation.
(3) It shall not be competent for the short-term tenant to assign the lease or sublet the land comprised in the lease. |
New section 29C makes provision for termination of a short term croft tenancy other than at the actual termination date. It provides that it may be ended by agreement at any time and must (except in certain specified circumstances) end on the death of either the owner or the short term tenant. It also requires that, if the lease did not require the consent of the Commission because the owner lived on or within 16 kilometres of the croft, it should terminate if the owner ceases to do so. In addition it provides for termination of the lease six months after the sale of the croft unless notice of the intention to sell has been given in which case it will terminate at the end of the notice period or 6 months from the date of the notice or the date the conveyance of the land is registered whichever is the latest. |
29C Termination of short-term croft tenancy other than at specified date of termination
(1) A short-term croft tenancy—
(a) may before the date specified under section 29B(1), be terminated by agreement between the owner and the short-term tenant;
(b) subject to subsections (2) to (6) below, is terminated (irrespective of any agreement under paragraph (a) above) on the occurrence of any of the following—
(i) the death of the owner;
(ii) the death of the short-term tenant;
(iii) if such notice as is required by virtue of subsection (5) below has been duly given, the later of there being registered a conveyance in implement of a contract of sale of land comprised in the lease and the period of notice expiring;
(iv) if that notice is given but by reason only of being less than six months is not duly given, the later of there being registered such a conveyance and the expiry of the period of six months after the
notice is given;
(v) if that notice is not given or, not being as described in sub paragraph
(iv) above, is not duly given , the expiry of the period of six months after there being registered such a conveyance;
(vi) in a case where the consent of the Commission was not required for the letting, on the owner ceasing to reside on, or within 16 kilometres of, land comprised in the lease.
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New section 29C(2) provides that when the owner dies the short term croft tenant may apply to the Commission for permission to remain on the land for a period of up to one year. New section 29C(3) requires the Commission to consider whether or not by agreeing or rejecting such an application there would be hardship for either the successor to the deceased crofter or the short term tenant. |
(2) Where a short-term croft tenancy comes to an end by virtue of sub-paragraph (i) of subsection (1)(b) above the Commission may, on an application in that behalf made to them, within one month (or such longer period not exceeding three months as they may in all the circumstances think reasonable) after the death, by the former short-term tenant make an order permitting him to remain in occupation of land comprised in the lease for such period, not exceeding one year after the death, as may be specified in the order.
(3) Before making any order under subsection (2) above, the Commission shall consult the deceased’s executor and shall take into account any potential hardship—
(a) their making it might cause the deceased’s successor; or
(b) their not making it might cause the former short-term tenant.
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New section 29C(4) ensures that the short term tenant cannot be evicted if an application has been made to the Commission until after the Commission reaches a decision on that application.
New section 29C(5) provides that a lease of a short term tenancy must include a condition requiring the owner to give the tenant 6 months notice of an intention to sell the croft.
New section 29C(10) provides that the terms of a short term croft tenancy may include provisions on irritancy. Irritancy is the right of the landlord to terminate a lease as a result of the breach by the tenant of the terms of the tenancy and the tenant having failed to remedy that breach as required. |
(4) No proceedings for the removal of the former short-term tenant from the land comprised in the lease shall be taken by the deceased’s successor before the expiry of the period within which an application may be made under subsection (2) above or, if an application is so made, before the date of the determination by the Commission of that application.
(5) The lease constituting a short-term croft tenancy must specify that the owner shall give the short-term tenant not less than six months written notice of any intention to sell land comprised in the lease.
(6) Where a short-term croft tenancy would, but for this subsection, come to an end by virtue of sub-paragraph (vi) of subsection (1)(b) above, the owner (whether he has yet ceased to reside as mentioned in that sub-paragraph) may apply to the Commission for a determination that the lease should not be, or as the case may be has not been, affected by his change in residence.
(7) If the short-term tenant is in breach of the tenancy agreement the owner may so inform him and in doing so must give him reasonable opportunity to remedy the breach.
(8) Where notwithstanding that opportunity the short-term tenant remains in breach of the tenancy agreement, the owner may apply to the Land Court for an order requiring that the breach be remedied within a period specified in the order; and such order may require the short-term tenant to pay compensation to the owner for the breach.
(9) If an order is made by virtue of subsection (8) above but is not complied with, the owner may apply to the Land Court for an order terminating the short-term croft tenancy.
(10) The lease constituting a short-term croft tenancy may make provisions for irritancy.". |
Section 28: Compensation for improvements for purposes other than cultivation or grazing etc.
This provision reflects the introduction of the concept of using a croft for another purposeful use (defined at Schedule 2 paragraph 3(b) or use of common grazing land for other purposes defined in new section 50B). It alters the existing effect of section 30 of the 1993 Act which deals with compensation payable to the crofter by the landlord in respect of improvements to the croft. It means that a landlord will be required to compensate a crofter for things that the crofter does in order to use the croft for a non agricultural purpose only if the landlord has previously agreed to do so.
This reflects the fact that these things may be of no value to either the landlord or an incoming croft tenant. It also reflects the fact that the croft tenant could readily realise the value of such improvements by assignation or purchase and sale of the croft. New section 30(6A) specifies what would not be considered an improvement for the purposes of section 30 and new section 30(6B) qualifies that by indicating that the works mentioned in new section 30(6A) will be classed as improvements if the landlord has agreed in a writing that the croft can be used as proposed.
It is worth noting that in many instances the provisions of Schedule 3 of the 1993 Act would be likely to precluded any entitlement for compensation. However, this new provision would impart greater clarity and certainty for both parties. |
28 Compensation for improvements for purposes other than cultivation or grazing etc.
In section 30 of the 1993 Act (compensation to crofter for improvements), after subsection (6) there is inserted—
"(6A) Subject to subsection (6B) below, in this Act "improvement" does not include anything erected or carried out wholly for—
(a) putting a croft to such other purposeful use as is mentioned in paragraph 3(b) of Schedule 2 to this Act; or
(b) using part of a common grazing for a purpose other than is mentioned in paragraph (a) or (b) of section 50B(1) of this Act.
(6B) Subsection (6A) above does not apply if—
(a) in any written consent given under section 5(6)(a) of this Act as respects the use in question, the landlord agrees that the subsection should not apply; or
(b) before the Commission approve under section 50B(8) of this Act implementation of the proposal for the use in question, the owner gives written intimation to the proposer that, as respects that use, he so agrees.".
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