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The Organic Aid (Scotland) Regulations 2004

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Crofters common grazings

10.—(1) Subject to paragraph (4), a grazings committee shall be eligible to apply for a grant in relation to a common grazing for which the grazings committee is responsible, with the consent of a majority of the crofters ordinarily resident in the township and sharing in the common grazing.

(2) All obligations undertaken by a grazings committee in applying to enter the scheme shall be binding upon their successors in office.

(3) Subject to paragraph (4), payments of grant to a grazings committee shall be divided by them among the crofters who share in the common grazing in such proportion as may be determined by the grazings committee.

(4) Where a grazings committee proposes to apply for a grant they shall prior to making the application give notice of their intention to do so and of their proposed division of grant under paragraph (3) by advertisement or otherwise to the crofters ordinarily resident in the township and sharing in the common grazing, and any such crofter may within one month of the date of such notice make representations in respect of the proposals to the Crofters Commission who may approve the proposals with or without modification or reject them.

(5) Where the Crofters Commission receives representations under regulation 10(4) in respect of a proposal to apply for a grant, the grazings committee shall only be eligible to apply for a grant for the proposals, incorporating any modification made by the Crofters Commission, approved by the Crofters Commission under paragraph (4).

(6) Where the Scottish Ministers have accepted an application by a grazings committee and accepted an undertaking under these Regulations from a grazings committee, the actings in relation to the relevant common grazing or part of the common grazing of any crofter with a share in that common grazing or part, and any breach of the undertaking by such a crofter, shall be deemed to be the actings of, or a breach by, the grazings committee for the purposes of these Regulations.

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