29Power of Commission to correct inaccuracies in directions etc.(1)

The 1993 Act is modified as follows.

(2)

After section 58B insert—

58CCorrection of inaccuracies in directions etc.(1)

This section applies where the Commission become aware of an inaccuracy in a direction, determination, decision or other document made, given or issued by them following the exercise of a function mentioned in subsection (5).

(2)

The Commission may vary the direction, determination, decision or other document to correct the inaccuracy if—

(a)

what is needed to do so is manifest, and

(b)

the conditions in subsection (3) are met.

(3)

The conditions are that the Commission—

(a)

have given notice of their intention to vary the direction, determination, decision or other document to correct the inaccuracy to any person appearing to them to be affected by the variation at least 14 days in advance of the variation being made, and

(b)

having had regard to any representations received within that 14 day period, are satisfied that—

(i)

the original direction, determination, decision or other document has not been acted upon by any affected person in a way which indicates that the person has been misled by the inaccuracy, and

(ii)

the proposed variation is not disputed by any affected person.

(4)

A notice under subsection (3)(a) must indicate that the person may, before the expiry of the period of 14 days beginning with the day on which notice is given to the person, make representations to the Commission.

(5)

The functions referred to in subsection (1) are—

(a)

the constituting of land or a holding as a croft under section 3A(1) or (2),

(b)

the giving of a direction enlarging a croft under section 4,

(c)

the giving of a decrofting direction under section 24(2) or (3),

(d)

the giving of a decrofting direction under section 24B(1),

(e)

the preparation of a reorganisation scheme under section 38(8)(a),

(f)

the giving of a direction that boundaries be adjusted under section 39A,

(g)

the giving of a direction that a boundary be remapped under section 39B,

(h)

the giving of a direction that land is to form part of a common grazing under section 51,

(i)

constituting land as a common grazing under section 51A,

(j)

the decision to apportion a common grazing under section 52(3) or (4).