12 Apr Section 5(3) Agreement Crofting
30.Subsection (2) letter) amends and amends paragraph 5 to give a new definition of what constitutes injury to a croft. 66.In of this section, a new section 16A is inserted into the Estate (Scotland) Act 1964. The overall effect is to allow the executors to transfer rents to Croft, as they meet the same requirements as when a crofter awards the lease. 202.The repeal of section 39 of the 1993 Act removes in the regional court a restriction on the setting of the rents of the crofts, which were created as part of a restructuring scheme. Without going into finances or anything like that, some members of the crofting community are not happy with the deal they get, or are not happy with the system in principle. There were objections. (This report from the Stornoway Gazette incorrectly refers to section 19; it is Section 19A). The Scottish Regional Court found that there were 231 objections after an advertisement was filed in the Stornoway gazette over a two-week period. With respect to the objections raised here, a case of the Scottish Regional Court clarified that these were objections on the part of those who are actually related to crofting and that participation could be anything other than a share in the croft pastures or common pastures concerned.
However, the planning process takes into account broader objections to the public interest as a whole. 67. This guide shows that the acquisition of the community under Part 3 of the Act is not an easy route for municipalities and that you may not be the owner of land, interests or sporting interests or tenants of so-called intermediate contracts. You may consider selling your land and interests to the Community by mutual agreement and without resorting to the provisions of Part 3 of the Country Reform Act (Scotland) 2003. The key to such a transfer is good communication between you and the CWB. The invocation of the law has the advantage of a structure with which one can work. Be aware, however, that compliance with Part 3 is both complex and legalistic. The parties may choose to use the services of a lawyer at an early stage.
Should they be considered purely strategic in Section 50B applications, since a solvent community purchase would be linked to different barriers? Maybe it`s not fair.