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Crofting Reform (Scotland) Act 2010

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This is the original version (as it was originally enacted).

25Registration of events affecting registered common grazings

This section has no associated Explanatory Notes

(1)The following events in relation to a registered common grazing must be registered, that is—

(a)the transfer (whether or not for valuable consideration) of the ownership of any land on which the common grazing is situated;

(b)the taking, in relation to the common grazing, of a step mentioned in subsection (2).

(2)The steps referred to in subsection (1)(b) are—

(a)the giving of authorisation to resume the common grazing or part of the common grazing under section 20(1) of the 1993 Act;

(b)the granting under section 20(1C) of that Act of an extension of the period for which resumption of the common grazing is authorised;

(c)the making of a determination under section 20(1F) of that Act converting a temporary resumption of the common grazing into an ordinary resumption;

(d)the making of an order under section 21A of that Act that land resumed under section 20 of that Act is to revert to being a common grazing;

(e)the enlargement of the common grazing under section 51 of that Act;

(f)the termination of all or part of a person’s share in the common grazing under section 52(1E)(b)(i) of that Act;

(g)the apportionment—

(i)of a share or part of a share in the common grazing under section 52(1E)(b)(ii) of that Act;

(ii)of the common grazing, or part of the common grazing, under 52(3) of that Act;

(iii)of a part of the common grazing under section 52(4) of that Act;

(h)the extension, under subsection (11) of section 52 of that Act, of any period for which a part of the common grazing is apportioned under subsection (10) of that section;

(i)the bringing to an end, under subsection (12) of section 52 of that Act, of an apportionment of the common grazing or part of the common grazing made in pursuance of subsection (3) or (4) of that section;

(j)the making of a determination under section 52(14) of that Act as to shares in the common grazing;

(k)the transfer (whether or not for valuable consideration) by a person who holds a right in the common grazing of that right to another person.

(3)But no application for registration of a step mentioned in paragraph (g)(iii), or paragraph (i), of subsection (2) need be submitted if an application for registration of such a step is submitted by virtue of section 5.

(4)The Scottish Ministers may, by regulations, make provision about when ownership is to be treated as transferred for the purposes of subsection (1)(a).

(5)The Scottish Ministers may, by order, modify subsection (2) so as to—

(a)add a step to;

(b)modify the description of a step in;

(c)remove a step from,

that subsection.

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