Crofting Reform (Scotland) Act 2010

47 Enlargement of common grazings

For section 51 of the 1993 Act (enlargement of common grazings) substitute—

“51 Enlargement of common grazings

(1) This section applies where—

(a) an owner of land to which this Act does not apply agrees to grant rights in any pasture or grazing land to the crofters sharing in a common grazing; and

(b) the owner and the crofters agree that such land will form part of the common grazing.

(2) The owner and the crofters may apply jointly to the Commission for a direction that the land is to form part of the common grazing.

(3) The Commission may make a direction if they are satisfied that the enlargement of the common grazing would be of benefit to the common grazing or the crofters sharing in it.

(4) Where the Commission make a direction in relation to an unregistered common grazing, the land forms part of the common grazing from the later of—

(a) the date of the direction; or

(b) the date on which the rights mentioned in subsection (1)(a) are first exercisable.

(5) Where the Commission make a direction in relation to a registered common grazing—

(a) the direction expires at the end of the period of 3 months beginning with the date on which the direction is made unless an application for registration of the enlargement of the common grazing is submitted by virtue of section 25 of the 2010 Act before the expiry of that period;

(b) the enlargement takes effect on the date of registration.”.