The Crofting Register (Transfer of Ownership) (Scotland) Regulations 2012

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Crofting Register (Transfer of Ownership) (Scotland) Regulations 2012 and come into force on 30th November 2012.

(2) In these Regulations, “the 2010 Act” means the Crofting Reform (Scotland) Act 2010.

Transfer of ownership of owner-occupied croft

2.  For the purposes of sections 4(1)(b) and 5(1)(a) of the 2010 Act, the ownership of an owner-occupied croft is to be treated as transferred—

(a) on the registration in the Land Register of Scotland of the transfer of—

(i) an interest; or

(ii) a registered interest,

in the land on which the croft is situated;

(b) on the recording in the Register of Sasines of the deed transferring the land on which the croft is situated; or

(c) where, by virtue of an enactment or rule of law, ownership of the land on which the croft is situated passes—

(i) without registration in the Land Register of Scotland; or

(ii) without recording in the Register of Sasines,

on such passing of ownership.

Transfer of ownership of land on which croft or common grazing is situated

3.  For the purposes of sections 5(1)(b)(i) and 25(1)(a) of the 2010 Act, transfer of the ownership of any land on which a croft or common grazing is situated is to be treated as transferred—

(a) on the registration in the Land Register of Scotland of the transfer of—

(i) an interest; or

(ii) a registered interest,

in the land on which the croft or common grazing is situated;

(b) on the recording of the deed in the Register of Sasines transferring the land on which the croft or common grazing is situated; or

(c) where, by virtue of an enactment or rule of law, ownership of the land on which the croft or common grazing is situated passes—

(i) without registration in the Land Register of Scotland; or

(ii) without recording in the Register of Sasines,

on such passing of ownership.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

30th October 2012