No. The Commission can only give their consent to divide a croft following an application to do so by: (a) a tenant under section 9, or (b) an owner-occupier crofter under section 19D. The Commissions view is that the definition of an owner-occupier crofter in Section 19B excludes persons who own part of a croft (s. 19B (2)). We do not think it possible to read this as owner of a croft or part of a croft, because elsewhere in the Act part of a croft is mentioned in addition to the croft. By this logic, owner occupier crofters can be persons who hold title to a croft either individually or jointly but the definition does not, extend to those persons who own only part of a croft. A consequence of this is that a division application submitted by the landlord of part of a vacant croft is not competent as they are neither tenant nor owner-occupier crofters. A further consequence is that not being owner-occupier crofters they are not required to obtain the Commissions consent to divide the croft prior to transferring, whether or not for value, any part of the croft.
