
1 
This Order may be cited as the Crofting Reform (Scotland) Act 2010 (Commencement No. 2, Transitory, Transitional and Saving Provisions) Order 2011 and comes into force on 30th September 2011.
2 
In this Order—
 “the Act” means the Crofting Reform (Scotland) Act 2010; and
 “the 1993 Act” means the Crofters (Scotland) Act 1993.
3 

(1) Subject to paragraph (2), the day appointed for the coming into force of the provisions of the Act specified in—
(a) column 1 of Part 1 of the Schedule to this Order (the subject matter of which is specified in column 2 of that Part) is 1st October 2011; and
(b) column 1 of Part 2 of the Schedule to this Order (the subject matter of which is specified in column 2 of that Part) is 1st April 2012.
(2) Where a purpose is specified in column 3 of the Schedule, a provision specified in column 1 of Part 1 or 2 comes into force in accordance with paragraph (1) for that purpose only.
4 

(1) Any reference to “the Commission” or the “Crofting Commission” in any provision of the Act commenced by this Order is to be read as a reference to the Crofters Commission.
(2) This article has effect until 1st April 2012.
5 

(1) Despite the commencement of section 1(3) of, and schedule 1 to, the Act paragraph 10 of Schedule 1 to the 1993 Act applies only to the appointment of a chief executive on the coming to an end of an appointment of any person who, at 1st October 2011, is chief executive.
(2) The commencement of section 34 of the Act for the purpose of inserting section 19D(2) into the 1993 Act has no effect as regards a transfer of a part of an owner-occupied croft for which missives are concluded prior to 1st October 2011.
(3) In relation to the commencement of sections 34, 37, 39, 46, 47 and 49 of the Act, from 1st October 2011 the following events have effect from the date when the Commission enters the relevant information in the Register of Crofts in accordance with section 41 of the 1993 Act:—
(a) the division of a croft consented to by the Commission under section 19D(2) of the 1993 Act or carried out by the Commission under section 26G(1) of the 1993 Act;
(b) the letting of a croft consented to by the Commission under section 29A(1) of the 1993 Act;
(c) the enlargement of a croft by a direction of the Commission under section 4(4) of the 1993 Act or the enlargement of common grazings by a direction of the Commission under section 51(3) of the 1993 Act; or
(d) a legatee coming into the place of a deceased crofter following receipt by the Commission of a copy of a notice of a bequest under section 10(2) of the 1993 Act.
(4) In paragraph (3), “relevant information” means any information to be entered in the Register of Crofts as regards—
(a) a direction to enlarge a croft under section 4(4) of the 1993 Act;
(b) receipt of a notice of bequest under section 10(2) of the 1993 Act;
(c) consent to the division of an owner-occupier’s croft under section 19D(2) of the 1993 Act;
(d) a division of a croft under section 26G(1) of the 1993 Act;
(e) consent to the letting of an owner-occupier’s croft under section 29A(1) of the 1993 Act; and
(f) a direction to enlarge common grazings under section 51(3) of the 1993 Act.
6 
Despite the commencement of section 55 of, and paragraph 3(13) of schedule 4 to, the Act, that section and that paragraph have no effect as regards any investigations commenced, determinations made and orders made under section 22 of the 1993 Act (absentee crofters) prior to 1st October 2011.
7 
Despite the commencement of section 1(3) of, and paragraph 3(3)(b) of schedule 4 to, the Act, that section and that paragraph have no effect as regards the appointment of assessors under section 2(2) of the 1993 Act (particular powers and duties of the Commission) prior to 1st October 2011.
8 
Despite the repeal and replacement of Schedule 1 to the 1993 Act by the commencement of section 1(3) of the Act, Schedule 1 to the 1993 Act remains in effect until 1st April 2012 with the following modifications:—
(a) omit paragraphs 1, 7, 8, 9, 12 and 13; and
(b) paragraphs 2, 10, 14 and 15 are renumbered 2A, 10A, 14A and 15A respectively.
STEWART STEVENSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
14th September 2011
SCHEDULE
Article 3
PART 1

Column 1(provisions of the Act) Column 2(subject matter) Column 3(purpose)
Section 1(3) Schedule 1 – The Crofting Commission Only for the purposes of—
   (a) repealing Schedule 1 of the 1993 Act; and
   (b) replacing it with the paragraphs 1, 2, 7, 10, 12 to 17 and 20 of the substituted Schedule 1
Section 2(1) General functions 
Section 2(2) General functions Only for the purpose of inserting section 2A into the 1993 Act
Section 33 Crofters’ duties 
Section 34 Owner-occupiers’ duties Only for the purpose of inserting sections 19B (for all remaining purposes), 19C and 19D(1), (2), (6), (7) and (8) into the 1993 Act
Section 35 Consent for absence from croft 
Section 37 Enforcement Only for the purpose of inserting sections 26A to 26F, 26G(1), (2), (5), (6) and (7), 26H, 26J(1) to (4), (7), (8), (11) and (12) and 26K(1) to (8) into the 1993 Act
Section 39 Letting of owner-occupier crofts Only for the purpose of inserting sections 29A(1), (4) to (6), (9) and (10) and 29B into the 1993 Act
Section 42 Resumption applications 
Section 43 Decrofting directions 
Section 44 Re-letting crofts 
Section 45 Application to decroft 
Section 46 Enlargement of crofts Only for the purposes of—
  
   (a) repealing section 4 of the 1993 Act; and
   (b) replacing that section with section 4(1), (2), (4) and (7).
Section 47 Enlargement of common grazings Only for the purposes of—
   (a) repealing section 51 of the 1993 Act; and
   (b) replacing that section with section 51(1), (2), and (3)
Section 48(1) to (6) Commission approval or consent 
Section 48(7) Commission approval or consent Only for the purposes of—
   (a) repealing subsections (7) to (10) of section 58A of the 1993 Act; and
   (b) replacing those subsections with subsection (7)(a) to (f) and (h).
Section 48(8) to (12) Commission approval or consent 
Section 49(1), (2), (3), (5) and (6) Bequest of crofts 
Section 49(4) Bequest of crofts Only for the purposes of—
   (a) repealing subsection (2B) to (4D) of section 10 of the 1993 Act; and
   (b) replacing those subsections with the subsections (3), (4A) and (4C)(a).
Section 50(2) Appeals: procedure 
Section 55 Minor and consequential amendments and repeals Only for the purpose of bringing into force the provisions of schedule 4 specified in column 1 of this Part of the Schedule below
Schedule 1 The Crofting Commission Only for the purposes of bringing into force paragraphs 1, 2, 7, 10, 12, 13, 14, 15, 16, 17 and 20 of the substituted Schedule 1.
Schedule 4, paragraphs 2, 3(1), 3(3), 3(5)(b), 3(6), 3(7), 3(8)(a) and (b), 3(9)(b), 3(10)(a) and (c) to (e), 3(13), 3(14)(b), (c)(ii) to (iv), (f) to (i), 3(15)(a), 3(17), 3(18), 3(19), 3(20), 3(21), 3(22), 3(24), 3(25), 3(29), 3(30), 3(32)(b), (c) and (d), 3(34), 3(35), 3(36)(d), (h) and (j) and 3(37) Amendments to enactments Paragraph 3(8)(a) is commenced only for the purpose of inserting section 8(1A).Paragraph 3(36)(d) is commenced only for the purpose of inserting the definition of “cultivate”.Paragraph 3(36)(j) is commenced only for the purpose of inserting the definition of “purposeful use”.
PART 2

Column 1(provisions of the Act) Column 2(subject matter) Column 3(purpose)
Section 1(1), (2) and (4) Renaming of Commission 
Section 1(3) Schedule 1 – The Crofting Commission For all remaining purposes
Section 2(2) General functions For all remaining purposes
Section 36 Annual notices 
Section 38 Grazings Committee Reports 
Section 48 Commission approval or consent For all remaining purposes
Section 55 Minor and consequential amendments and repeals Only for the purpose of bringing into force the provisions of schedule 4 specified in column 1 of this Part of the Schedule below.
Schedule 1, paragraphs 3, 4, 5, 6, 8, 9, 11, 18, 19 and 21 Membership and appointed members, etc, remuneration and other provisions relating to the Crofting Commission 
Schedule 4, paragraphs 3(2), 3(36)(b) and 4 Amendment to enactments 