Crofting law reform proposals 2024: consultation

Footnotes

1 Each joint tenant may assign their share to an individual of their choice, so these tenancies have sometimes stayed in multiple hands, although many have been unified.

2 Throughout this consultation “the Act” refers to the Crofters (Scotland) Act 1993, which is the principal legislation on crofting.

3 See section 61, 1993 Act

4 See section 26A, 1993 Act

5 Legally known as ‘assessors’

6 See section 49A, 1993 Act.

7 See section 26A, 1993 Act.

8 See section 3, 1993 Act. There are also some grazings shares which have never been part of the crofting system, having originally been shares attached to non-croft smallholdings. This section of this consultation does not apply to these.

9 See sections 19A, 20 and 52(4), 1993 Act

10 See sections 48(4) and 50, 1993 Act.

11 See sections 48(4A) and 50B, 1993 Act

12 See section 51A, 1993 Act

13 See section 5(3), 1993 Act

14 See sections 5AA, 5B and 5C for tenant crofters, and section 19C for owner-occupier crofters, 1993 Act.

15 See section 26J, 1993 Act

16 For a formal transfer of this responsibility to another person, a crofter can of course sublet their croft on a formal basis with the consent of the Crofting Commission, thereby transferring the duties of residency, cultivation and maintenance onto the subtenant.

17 See section 27, 1993 Act

18 See section 26B, 1993 Act

19 See section 38, 1993 Act

20 S.S.I. 2011/456, as amended by S.S.I. 2016/424