(1) The Crofters Commission is renamed and is to be known as the Crofting Commission.
(2) The “Crofters Commission” is the Commission—
(a) established by section 1 of the Crofters (Scotland) Act 1955 (c.21); and
(b) continued in being by section 1 of the Crofters (Scotland) Act 1993 (c.44) (the “ 1993 Act ”).
(3) For schedule 1 to the 1993 Act, substitute the schedule contained in schedule 1.
(4) Any reference in any enactment to the Crofters Commission is, unless the contrary intention appears, to be construed as a reference to the Crofting Commission. Commencement Information I1 S. 1(1) (2) (4) in force at 1.4.2012 by S.S.I. 2011/334 , art. 3(1)(b) (2) , Sch. Pt. 2 I2 S. 1(3) in force at 1.10.2011 for specified purposes by S.S.I. 2011/334 , art. 3(1)(a) (2) , Sch. Pt. 1 (with arts. 4 , 5 , 8 ) I3 S. 1(3) in force at 1.4.2012 in so far as not already in force by S.S.I. 2011/334 , art. 3(1)(b) (2) , Sch. Pt. 2
Section 2
2. Duty to produce plan
(1) The Commission must, before the expiry of the period mentioned in subsection (2), prepare and submit to the Scottish Ministers a plan setting out their policy on how they propose to exercise their functions.
(2) That period is the period of 6 months beginning with the day after—
(a) the day of the first election held in accordance with paragraph 7 of schedule 1 to elect persons to be members of the Commission;
(b) the day of each subsequent election.
(3) The Commission must, before preparing a plan under this section, consult—
(a) each local authority in the area of which there are crofts;
(b) Highlands and Islands Enterprise; and
(c) such other persons or bodies as the Commission consider appropriate.
(4) The Scottish Ministers may—
(a) approve the plan (with or without modifications); or
(b) reject the plan and direct the Commission to submit a revised plan.
(5) Where the Scottish Ministers approve the plan submitted under subsection (1) (including a revised plan submitted under subsection (4)(b)), the Commission must—
(a) send a copy of it to each local authority in the area of which there are crofts;
(b) make a copy of it available for public inspection at reasonable times; and
(c) publish it in such manner as the Commission consider appropriate.
(6) The Commission—
(a) may, from time to time;
(b) must, if required to do so by the Scottish Ministers, vary the plan.
(7) Where the Commission, under subsection (6), vary the plan—
(a) the Commission must submit it to the Scottish Ministers; and
(b) subsections (3) to (5) apply to the variation of a plan as they apply to the preparation of a plan under subsection (1).
