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Crofting Reform (Scotland) Act 2010

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This is the original version (as it was originally enacted).

26Applications for registration: common grazings

This section has no associated Explanatory Notes

(1)An application for—

(a)first registration of a new common grazing; or

(b)registration of an event affecting a registered common grazing (other than one which falls to be submitted by the Commission),

and the fee payable in respect of such registration, is to be submitted to the Commission.

(2)An application for first registration of a new common grazing is to be submitted at the same time as an application under section 51A(1) of the 1993 Act.

(3)An application for registration of an event affecting a registered common grazing is to be submitted—

(a)in the case of the transfer of the ownership of any land on which the common grazing is situated, by the person to whom such ownership is transferred;

(b)in the case of a step mentioned in section 25(2)—

(i)in accordance with the requirements of the 1993 Act; or

(ii)in the absence of such requirements, as soon as reasonably practicable after the step is taken.

(4)In respect of an application submitted to the Commission under this section, the Commission must, subject to section 51B of the 1993 Act and to subsections (5) and (6), 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.

(5)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.

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

(a)a requirement under subsection (5) 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).

(7)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.

(8)An application for first registration of a common grazing by the Commission is to be submitted to the Keeper.

(9)Before submitting such an application, the Commission must consult—

(a)the owner of the common grazing; and

(b)where there is a grazings committee or grazings constable, that committee or that constable.

(10)Where there is no grazings committee or grazings constable, the Commission must notify, in such manner as they consider appropriate (including by means of advertisement), all persons who hold a right in the common grazing of the application.

(11)Any person notified under subsection (10) may make representations to the Commission in respect of the proposed application.

(12)In subsection (6)(d), “material inaccuracy” means an inaccuracy relating to any matter mentioned in section 11(2) (as that section applies, with the modifications specified in schedule 3, to common grazings).

(13)In this section, “first registration” means the registration of an unregistered common grazing.

(14)Section 7 does not apply to applications for registration of a common grazing.

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