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Crofting Reform (Scotland) Act 2010

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This is the original version (as it was originally enacted).

Lands held runrig

32Lands held runrig

(1)Unregistered land held runrig may be registered on an application being made by the Commission.

(2)An application for first registration of land held runrig is to be submitted to the Keeper.

(3)Before submitting such an application the Commission must—

(a)consult the owner of the land; and

(b)notify, in such manner as they consider appropriate (including by means of advertisement), all persons who are holders of the land held runrig.

(4)Any person notified under subsection (3) may make representations to the Commission in respect of the application.

(5)The following events in relation to registered land held runrig must be registered, that is—

(a)the apportionment of the land under section 52(8) of the 1993 Act;

(b)the extension, under subsection (11) of section 52 of that Act, of any period for which a part of the land is apportioned under subsection (10) of that section.

(6)An application for registration of an event mentioned in subsection (5), and the fee payable in respect of such registration, is to be submitted to the Commission.

(7)In respect of such an application, the Commission must, subject to subsections (8) and (9), forward—

(a)the application, together with any comments they may have on it; and

(b)the fee payable in respect of it,

to the Keeper as soon as reasonably practicable.

(8)The Commission may, before forwarding an application for registration to the Keeper, require the applicant to provide them with such further information relating to the application as they consider appropriate.

(9)The Commission may refuse to forward an application for registration if—

(a)a requirement under subsection (8) is not complied with;

(b)the application is frivolous or vexatious;

(c)the fee payable in respect of registration has not been tendered;

(d)there is a material inaccuracy in the application; or

(e)they consider that the Keeper would otherwise not accept the application under section 8(2).

(10)Where the Commission refuse to forward an application for registration, section 52A of the 1993 Act applies as if that refusal were a decision of the Commission on an application to them under that Act.

(11)Section 7 does not apply to applications for registration of land held runrig.

(12)Sections 8 to 21 apply, with such modifications as may be necessary, in relation to land held runrig as they apply in relation to common grazings.

(13)The reference to sections in subsection (12) is, where those sections are modified for the purposes of their application in relation to common grazings, to those sections as so modified.

(14)In subsection (9)(d), “material inaccuracy” means an inaccuracy relating to any matter mentioned in section 11(2) (as that section applies, by virtue of subsection (12), to lands held runrig).

(15)The Scottish Ministers may, by order, modify subsection (5) so as to—

(a)add an event to;

(b)modify the description of an event in;

(c)remove an event from,

that subsection.

(16)In subsection (2), “first registration” means the registration of unregistered land held runrig.

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