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Crofting Reform etc. Act 2007

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This is the original version (as it was originally enacted).

5Maintenance of and provision of information from the Register of Crofts

This section has no associated Explanatory Notes

In section 41 of the 1993 Act (Register of Crofts)—

(a)in subsection (2)—

(i)for paragraph (c) there is substituted—

(ca)the landlord’s address and, where the tenant’s address is different from the address of the croft, the tenant’s address;

(cb)where the landlord’s estate is managed on his behalf by another person, a statement that it is so managed and the name and address of that other person;

(cc)where the tenant of a croft holds a right in a common grazing—

(i)the location and boundaries of the grazing;

(ii)the owner of the grazing and his address;

(iii)any use of the grazing as woodlands by virtue of section 50, or of woodlands as part of the grazing by virtue of section 50A, of this Act; and

(iv)any other use of the grazing, except use for grazing purposes, use as woodlands or use regulated by a scheme drawn up by the Commission under section 52(9) of this Act;

(cd)any—

(i)determination by the Commission under section 3A(7)(a) of this Act or by the Land Court on any question coming before it (whether or not on appeal) under this Act;

(ii)order under section 22(1) of this Act;

(iii)direction under section 24(3) or 25(4) of this Act;

(iv)reorganisation scheme prepared under section 38(8)(a) of this Act;

(v)apportionment under section 52(3) or (4) of this Act; and

(vi)order under section 53B(2) of this Act;

(ce)any other order, determination, consent, authorisation or other proceeding of theirs which they consider it is appropriate to have recorded in the Register of Crofts;

(cf)any agreement between a landlord and a crofter concerning access between a public road and the croft by a route lying wholly over land owned by the landlord, being an agreement intimated to the Commission by the landlord or crofter (the intimation being in such form as the Commission may require and there being provided to the Commission, along with the intimation, a copy of the agreement);

(cg)any agreement for a loan sent to the Commission by virtue of section 46A(2)(e) of this Act;; and

(ii)for the words “the accuracy of the Register” there is substituted “, so far as practicable, that the Register is consistent with such information as the Commission has obtained under or by virtue of this Act”;

(b)for subsection (3) there is substituted—

(3)A person is entitled on request to receive from the Commission a copy or extract of an entry in the Register of Crofts.

(3A)An extract of an entry in the Register of Crofts shall be certified as such by a person authorised for the purposes of this subsection by the Commission; and a document which bears to be an extract so certified shall be sufficient evidence that the Register contains the entry.; and

(c)after subsection (4) there is added—

(5)The Crofters Holdings Book shall be incorporated into the Register of Crofts and as so incorporated shall be deemed to have been compiled by the Commission in pursuance of subsection (1) above..

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