
1 
This Order may be cited as the Crofting Reform (Scotland) Act 2010 (Commencement No. 3, Transitory, Transitional and Savings Provisions) Order 2012 and comes into force on 30th October 2012.
2 
In this Order—
 “the 2010 Act” means the Crofting Reform (Scotland) Act 2010; and
 “the 1993 Act” means the Crofters (Scotland) Act 1993.
3 

(1) Subject to paragraph (2)—
(a) the day appointed for the coming into force of the provisions of the 2010 Act specified in column 1 of Part 1 of Schedule 1 (the subject matter of which is specified in column 2 of that Part) is 30th October 2012;
(b) the day appointed for the coming into force of the provisions of the 2010 Act specified in column 1 of Part 2 of Schedule 1 (the subject matter of which is specified in column 2 of that Part) is 30th November 2012; and
(c) the day appointed for the coming into force of the provisions of the 2010 Act, so far as not already in force, is 30th November 2013.
(2) Where a purpose is specified in column 3 of Schedule 1 in relation to any provision, that provision comes into force in accordance with paragraph (1)(a) or (b) for that purpose only.
4 
Schedule 2 makes transitory, transitional and savings provisions in connection with the provisions of the 2010 Act commenced by this Order.
PAUL WHEELHOUSE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
29th October 2012
SCHEDULE 1
Article 3
PART 1

Column 1(Provision of the 2010 Act) Column 2(Subject matter) Column 3(Purpose)
Section 3 The Crofting Register 
Section 4 First registration For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders or regulations
Section 5 Registration of events affecting registered crofts For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders or regulations
Section 11 The registration schedule For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders
Section 12 Notification of first registration For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders
Section 19 Rules and fees 
Section 25 Registration of events affecting registered common grazings For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make regulations or orders
Section 28 Application of Act to common grazings For the purpose of the provisions of schedule 3 specified in column 1 of this Part of the Schedule below
Section 32 Lands held runrig For the purpose of enabling the Scottish Ministers to exercise powers conferred by the section to make orders
  Subsection (12) is also commenced for the purpose of the application of sections 11, 12 and 19 of the 2010 Act to land held runrig, but in the case of sections 11 and 12 only for the purpose of enabling the Scottish Ministers to exercise powers conferred by those sections to make orders
Section 52 Pre-consolidation modifications of enactments relating to crofting 
Schedule 3, paragraph 4 Application of section 11 of the 2010 Act to common grazings For the purpose of enabling the Scottish Ministers to exercise powers conferred by the paragraph to make orders
Schedule 3, paragraph 5 Application of section 12 of the 2010 Act to common grazings For the purpose of enabling the Scottish Ministers to exercise powers conferred by the paragraph to make orders
Schedule 3, paragraph 12 Application of section 19 of the 2010 Act to common grazings 
PART 2

Column 1(Provisions of the 2010 Act) Column 2(Subject matter) Column 3(Purpose)
Section 4(2) and (3) First registration: voluntary For all remaining purposes
Section 4(10) and (11) Definition of “first registration”, “croft” and “new croft” 
Section 5 Registration of events affecting registered crofts For all remaining purposes
Section 6(2) Registration of events affecting registered crofts 
Section 7(1) and (3) to (8) Applications for registration 
Section 8 Acceptance of applications for registration 
Section 9 Completion of registration 
Section 10(1) and (2) Completion of registration: further provision on first registrations 
Section 11 The registration schedule For all remaining purposes
Section 12(1), (2)(a) and (3) to (10) Notification of first registration For all remaining purposes
Section 13 Power of entry etc. where Commission are applicant 
Section 14(1), (2) and (4) to (7) Challenge to first registration 
Section 15 Resumed and decrofted crofts 
Section 16 Rectification of the register 
Section 17 Rectification following first registration 
Section 18 Indemnity in respect of loss 
Section 20 Appeals 
Section 21(1), (2), (4) and (5) Notification of change to registration schedule 
Section 22 Meaning of “croft” etc. 
Section 24(1)(b), (2) and (3) First registration of common grazings 
Section 25 Registration of events affecting registered common grazings For all remaining purposes
Section 26(1)(b), (3) to (14) Applications for registration: common grazings 
Section 28 Application of Act to common grazings For all remaining purposes
Section 29(4), (5) and (6) Transfer of land containing crofts: offences 
Section 30 Change of landlord: offences 
Section 31 Transfer of land on which common grazing is situated: offences 
Section 32 Lands held runrig For all remaining purposes
Section 34 Duties of certain owner-occupiers of crofts For the purpose of inserting section 19D(4) and (5) into the 1993 Act
Section 37 Enforcement of duties of crofters and certain owner-occupiers For the purpose of inserting sections 26G(3) and (4), 26J(6) and (10) and 26K(9) into the 1993 Act
Section 39 Letting of owner-occupied crofts For the purpose of inserting section 29A(3) and (8) into the 1993 Act
Section 46 Enlargement of crofts For the purpose of inserting section 4(5) and (6) into the 1993 Act
Section 47 Enlargement of common grazings For all remaining purposes
Section 49 Bequest of crofts For all remaining purposes
Section 55 Minor and consequential amendments and repeals For the purpose of the provisions of schedule 4 (minor and consequential amendments and repeals) specified in column 1 of this Part of the Schedule below
Schedule 2, Table 2 Persons responsible for applications for registration of registered crofts 
Schedule 3 Application of sections 8 to 21 of the 2010 Act to common grazings For all remaining purposes
Schedule 4, paragraph 3(5)(a) Amendment of section 4A of the 1993 Act For the purpose of inserting section 4A(2B) into the 1993 Act
Schedule 4, paragraphs 3(8)(c) and (d) Amendment of section 8 of the 1993 Act 
Schedule 4, paragraph 3(9)(c) Amendment of section 9 of the 1993 Act 
Schedule 4, paragraph 3(10)(b) Amendment of section 11 of the 1993 Act 
Schedule 4, paragraph 3(11)(a) Amendment of section 20 of the 1993 Act For the purpose of inserting section 20(1ZB) and (1ZC) into the 1993 Act
Schedule 4, paragraphs 3(11)(b) to (d) Amendment of section 20 of the 1993 Act 
Schedule 4, paragraph 3(12)(a) Amendment of section 21A of the 1993 Act For the purpose of inserting section 21A(1B) and (1C) into the 1993 Act
Schedule 4, paragraph 3(12)(b) Amendment of section 21A of the 1993 Act 
Schedule 4, paragraph 3(14)(a) Amendment of section 23 of the 1993 Act For the purpose of inserting section 23(3ZB) into the 1993 Act
Schedule 4, paragraph 3(14)(d) Amendment of section 23 of the 1993 Act For the purpose of inserting section 23(5ZE) into the 1993 Act
Schedule 4, paragraph 3(14)(e) Amendment of section 23 of the 1993 Act For the purpose of inserting section 23(5E) into the 1993 Act
Schedule 4, paragraph 3(15)(c) Amendment of section 24 of the 1993 Act For the purpose of inserting section 24(3C) into the 1993 Act
Schedule 4, paragraph 3(16)(a) Amendment of section 25 of the 1993 Act 
Schedule 4, paragraph 3(16)(b) Amendment of section 25 of the 1993 Act For the purpose of inserting section 25(4ZC) and (4ZD) into the 1993 Act
Schedule 4, paragraph 3(31)(a) and (b) Amendment of section 52 of the 1993 Act 
Schedule 4, paragraph 3(31)(c) Amendment of section 52 of the 1993 Act For the purpose of inserting section 52(5B) to (5D) into the 1993 Act
Schedule 4, paragraph 3(31)(d) to (h) Amendment of section 52 of the 1993 Act 
Schedule 4, paragraph 3(32)(a) Amendment of section 52A of the 1993 Act 
Schedule 4, paragraph 3(33) Amendment of section 53 of the 1993 Act 
Schedule 4, paragraph 3(36)(c) Amendment of section 61 of the 1993 Act 
Schedule 4, paragraph 3(36)(d) Amendment of section 61 of the 1993 Act For all remaining purposes
Schedule 4, paragraph 3(36)(e) Amendment of section 61 of the 1993 Act For the purpose of inserting the definition of “first registration” into section 61(1) of the 1993 Act
Schedule 4, paragraph 3(36)(f) and (g) Amendment of section 61 of the 1993 Act 
Schedule 4, paragraph 3(36)(j) Amendment of section 61 of the 1993 Act For all remaining purposes
SCHEDULE 2
Article 4
1 
From 30th November 2012 until 30th November 2013—
(a) section 4(11) of the 2010 Act is to be read as if—
(i) paragraph (a)(ii) of the definition of “croft” was omitted; and
(ii) the definition of “new croft” was omitted;
(b) section 7(3) of the 2010 Act is to be read as if—
(i) the words in parenthesis in paragraph (a) were omitted; and
(ii) the words “to section 3AA of the 1993 Act and” were omitted;
(c) section 8(5) of the 2010 Act is to be read as if the words in parenthesis were omitted;
(d) section 9(2)(b) of the 2010 Act is to be read as if the words in parenthesis were omitted;
(e) section 9(4) of the 2010 Act is to be read as if the words in parenthesis were omitted;
(f) section 10(1) of the 2010 Act is to be read as if the words in parenthesis were omitted;
(g) section 12(8) of the 2010 Act is to be read as if the words in parenthesis were omitted;
(h) section 17(1) of the 2010 Act is to be read as if the words in the first parenthesis were omitted;
(i) section 24(1)(b) of the 2010 Act is to be read as if the words “, in any other case,” were omitted;
(j) section 26(4) of the 2010 Act is to be read as if the words “to section 51B of the 1993 Act and” were omitted;
(k) section 4(5) of the 1993 Act is to be read as if the words “or a first registered croft” were omitted;
(l) section 4(6) of the 1993 Act is to be read as if the words in parenthesis were omitted;
(m) section 4A(2B) of the 1993 Act is to be read as if the words in parenthesis were omitted;
(n) section 8(6) of the 1993 Act is to be read as if the words “or a first registered croft” were omitted;
(o) section 8(6A) of the 1993 Act is to be read as if the words in parenthesis were omitted;
(p) section 9(3) of the 1993 Act is to be read as if the words in parenthesis were omitted;
(q) section 19D(4) of the 1993 Act is to be read as if the words in parenthesis were omitted;
(r) section 20(1ZB) of the 1993 Act is to be read as if the words in parenthesis were omitted;
(s) section 23(3ZB) of the 1993 Act is to be read as if the words in the first parenthesis were omitted;
(t) section 24(3C) of the 1993 Act is to be read as if the words in the first parenthesis were omitted;
(u) section 25(4) of the 1993 Act is to be read as if the words “subsections (4ZB) and (4ZD)” were “subsection (4ZD)”;
(v) section 29A(3) of the 1993 Act is to be read as if the words in the first parenthesis were omitted;
(w) section 52(5B) of the 1993 Act is to be read as if the words in parenthesis were omitted; and
(x) section 52(12A) of the 1993 Act is to be read as if the words in parenthesis were omitted.
2 
The coming into force of sections 4(1) (for all remaining purposes) and 23 of the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to a new croft where the application to the Commission to exercise their power under section 3A(1) or, as the case may be, (2), of the 1993 Act to constitute land, or as the case may be, a holding, as a croft, was made before that date.
3 
The coming into force of sections 24(1)(a) and 27 of the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to a new common grazing where the application to the Commission to exercise their power under section 51A(1) of the 1993 Act to constitute the land as a common grazing was made before that date.
4 

(1) The coming into force of section 34 of the 2010 Act for the purpose of inserting section 19D(3) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered owner-occupied croft where the application under section 19D(2) of the 1993 Act for consent to divide the croft was made before that date.
(2) The coming into force of section 34 of the 2010 Act for the purpose of inserting section 19D(5) into the 1993 Act on 30th November 2012 by virtue of article 3(1)(b) has no effect in relation to a new croft created by the division of an unregistered owner-occupier croft where the application under section 19D(2) of the 1993 Act for consent to divide the croft is made before 30th November 2013.
5 

(1) Where an unregistered croft or owner-occupied croft is divided by the Commission before 30th November 2013, section 26G(3)(a) of the 1993 Act is to be read as if the reference to the date of registration in consequence of an application under section 4 of the 2010 Act were a reference to the date on which the Commission enters in the Register of Crofts in accordance with section 41 of the 1993 Act any information to be entered in that register as regards the division.
(2) The coming into force of section 37 of the 2010 Act for the purpose of inserting section 26G(4) into the 1993 Act on 30th November 2012 by virtue of article 3(1)(b) has no effect in relation to a new croft created by the division of an unregistered croft or owner-occupied croft by the Commission before 30th November 2013.
(3) The coming into force of section 37 of the 2010 Act for the purpose of inserting section 26J(5) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to the letting of an unregistered owner-occupier croft in accordance with proposals submitted under section 26J(1) of the 1993 Act where the letting occurred before that date.
(4) The coming into force of section 37 of the 2010 Act for the purpose of inserting section 26J(9) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to the letting of an unregistered owner-occupier croft pursuant to a decision under section 26J(8) of the 1993 Act where the letting occurred before that date.
6 
The coming into force of section 39 of the 2010 Act for the purpose of inserting section 29A(2) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered owner-occupier croft (or any part of it) where the application under section 29A(1) of the 1993 Act for the consent of the Commission was made before that date.
7 
The coming into force of section 46 of the 2010 Act for the purpose of inserting section 4(3) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 4(2) of the 1993 Act for a direction enlarging the croft under section 4(4) was made before that date.
8 

(1) Where notice of a bequest mentioned in section 10(1)(a) of the 1993 Act of an unregistered croft is given in accordance with section 10(2) or (2A) of the 1993 Act before 30th November 2013, section 10(7) of the 1993 Act is to be read as if the reference to the date of registration in relation to the application for registration of the croft by virtue of section 4(4)(e) of the 2010 Act were a reference to the date of entry by the Commission in the Register of Crofts in accordance with section 41 of the 1993 Act of any information to be entered in that register as regards the receipt of the notice of the bequest.
(2) Where an application for consent to divide an unregistered croft under section 9 of the 1993 Act is made in pursuance of section 10(4A) of the 1993 Act before 30th November 2013, paragraph (a) of the definition of “relevant date” in section 10(8) is to be read as if the reference to the date the Keeper receives notification of the Commission’s consent to divide the croft by virtue of section 10(7) of the 2010 Act were a reference to the date of entry by the Commission in the Register of Crofts in accordance with section 41 of the 1993 Act of any information to be entered in that register as regards the division.
9 
The coming into force of paragraph 3(5)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 4A(2A) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or any part of such a croft) where the application under section 4A(1) of the 1993 Act for the consent of the Commission to exchange the croft (or any part of the croft) was made before that date.
10 
The coming into force of paragraph 3(8)(a) (for all remaining purposes) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 8(1) of the 1993 Act for consent to assign the croft was made before that date.
11 

(1) The coming into force of paragraph 3(9)(a) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 9(1) of the 1993 Act for consent to divide the croft was made before that date.
(2) The coming into force of paragraph 3(9)(c) of schedule 4 to the 2010 Act on 30th November 2012 by virtue of article 3(1)(b) has no effect in relation to an unregistered croft where the application under section 9(1) of the 1993 Act for consent to divide the croft is made before 30th November 2013.
12 
Where notice of a transfer such as is mentioned in section 11(1) of the 1993 Act of an unregistered croft is given before 30th November 2013, section 11(1A) of the 1993 Act is to be read as if the reference to the transfer taking effect in relation to an application for registration of the giving of notice under subsection (1) by virtue of section 4 of the 2010 Act on the date of registration were a reference to the transfer taking effect on the date of the entry by the Commission in the Register of Crofts in accordance with section 41 of the 1993 Act of any information to be entered in that register as regards the transfer.
13 
The coming into force of paragraph 3(11)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 20(1ZA) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or any part of such a croft) where the application under section 20(1) of the 1993 Act to resume the croft was made before that date.
14 
The coming into force of paragraph 3(12)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 21A(1A) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or part of such a croft) where the order under section 21A(1) of the 1993 Act for reversion was made before that date.
15 

(1) The coming into force of paragraph 3(14)(a) of schedule 4 to the 2010 Act for the purpose of inserting section 23(3ZA) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft (or any part of such a croft) where the application under section 23(3) of the 1993 Act for the approval of the Commission was made before that date.
(2) The coming into force of paragraph 3(14)(d) of schedule 4 to the 2010 Act for the purpose of inserting section 23(5ZD) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the letting in accordance with proposals submitted under section 23(5) of the 1993 Act occurred before that date.
(3) The coming into force of paragraph 3(14)(e) of schedule 4 to the 2010 Act for the purpose of inserting section 23(5D) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the letting pursuant to the determination under section 23(5C) of the 1993 Act occurred before that date.
16 

(1) The coming into force of paragraph 3(15)(b) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the notice under section 24(2) of the 1993 Act requiring the making of a decrofting direction was given before that date.
(2) The coming into force of paragraph 3(15)(c) of schedule 4 to the 2010 Act for the purpose of inserting section 24(3B) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 24(3) of the 1993 Act for a decrofting direction was given before that date.
17 
The coming into force of paragraph 3(16)(b) of schedule 4 to the 2010 Act for the purpose of inserting section 25(4ZA) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 25(4) of the 1993 Act for a decrofting direction was given before that date.
18 
The coming into force of paragraph 3(23)(c) of schedule 4 to the 2010 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to a reorganisation scheme in relation to which the Commission has appointed a date under section 39(2) of the 1993 Act before that date.
19 
The coming into force of paragraph 3(31)(c) of schedule 4 to the 2010 Act for the purpose of inserting section 52(5A) into the 1993 Act on 30th November 2013 by virtue of article 3(1)(c) has no effect in relation to an unregistered croft where the application under section 52(4) of the 1993 Act for the apportionment of a part of a common grazing was made before that date.