UK Laws - Legal Portal
 
Navigation
News

Statutory Instrument 1988 No. 559 (S.65)

The Crofting Counties Agricultural Grants (Scotland) Scheme 1988

(The document as of February, 2008)

-- Back --

STATUTORY INSTRUMENTS

1988 No. 559 (S.65)

CROFTERS, COTTARS AND SMALL LANDHOLDERS

The Crofting Counties Agricultural Grants (Scotland) Scheme 1988

Made16th March 1988
Laid before Parliament30th March 1988
Coming into force1st April 1988

    The Secretary of State, in exercise of the powers conferred on him by section 22(1) of the Crofters (Scotland) Act 1955[1], section 14(1) of the Crofters (Scotland) Act 1961[2], and section 12(6) of the Crofting Reform (Scotland) Act 1976[3] and of all other powers enabling him in that behalf, and after consultation with the Crofters Commission and with the approval of the Treasury, hereby makes the following Scheme:


PART I

INTRODUCTORY
    Citation and commencement
        1.    This Scheme may be cited as the Crofting Counties Agricultural Grants (Scotland) Scheme 1988 and shall come into force on 1st April 1988.
    Interpretation
        2.    In this Scheme, unless the context otherwise requires—
      "the Act of 1955" means the Crofters (Scotland) Act 1955;

      "the Act of 1961" means the Crofters (Scotland) Act 1961;

      "approved" means approved by the Secretary of State in writing and "approve" and "approval" shall be construed accordingly;

      "business" means any one agricultural business being undertaken by a crofter or eligible occupier whether as an individual or in association or partnership with others;

      "crofter" includes any grazings committee or grazings constable appointed under section 24 of the Act of 1955 and in the application of this Scheme to a grazings committee or a grazings constable any reference to a croft shall be construed as a reference to the common grazings for the management of which the committee or, as the case may be, the grazings constable is responsible;

      "eligible occupier" has the meaning assigned to it by paragraph 3 of this Scheme;

      "livestock" includes any creature kept for the production of food, wool, skins, or fur or for the purpose of its use in the farming of land;

      "operation" means any of the operations specified in the Schedule to this Scheme.

    Eligible occupier
        3.    For the purposes of this Scheme, the expression "eligible occupier" means any one of the following:—
       (a) the occupier of a croft who is also the owner thereof and who in the opinion of the Secretary of State is of substantially the same economic status as a crofter;
       (b) the occupier of a holding, other than a croft, situated in the crofting counties which is either a holding of which the area does not exceed 30 hectares (exclusive of any common pasture or grazing held therewith) or a holding the annual rent of which, if it were a croft let to a crofter under the Act of 1955 and the Act of 1961, would not, in the opinion of the Secretary of State, exceed £100, being an occupier who in the opinion of the Secretary of State is of substantially the same economic status as a crofter; or
       (c) the occupier of a holding, other than a croft, situated in the crofting counties which exceeds 30 hectares (exclusive of any common pasture or grazing held therewith) and of which the annual rent, if it were a croft so let, would in the opinion of the Secretary of State exceedd £100, but which in the opinion of the Secretary of State is not substantially larger than 30 hectares (exclusive of any common pasture or grazing held therewith) or is capable of being so let at an annual rent not substantially in excess of £100, being an occupier who in the opinion of the Secretary of State is of substantially the same economic status as a crofter; or
       (d) the subtenant of a croft or part of a croft occupying under a sublease intimated to the Crofters Commission under section 11(1) of the Act of 1961[4] or granted by a crofter with the written consent of the Crofters Commission and in accordance with any conditions imposed by them under section 11(3) of the Act of 1961.


Notes:

[1] 1955 c. 21

[2] 1961 c. 58; section 14 was amended by the Crofting Reform (Scotland) Act 1976 (c. 21), Schedule 2, paragraph 22(a) and (b).

[3] 1976 c. 21

[4] Section 11(1) of the Act of 1961 was repealed on 27th June 1974 by Part V of the Schedule to the Statute Law (Repeals) Act 1974 (c. 22)

-- Back --

Stat




Other