Part 1Crofting reform

Chapter 2Registration

Registration in the Crofting Register

32First registration of crofts purchased by tenant crofter

(1)

The 2010 Act is modified as follows.

(2)

In section 4(1) (first registration), for paragraph (c), substitute—

“(c)

in any case other than the case of a new croft—

(i)

on the taking, in relation to the croft, of any step mentioned in subsection (4) (or, in the case of a step mentioned in paragraph (p) of that subsection, in accordance with that paragraph), or

(ii)

in relation to the acquisition by the crofter of the croft land tenanted by the crofter, on the transfer (whether or not for valuable consideration) of the ownership of the croft to the crofter or the crofter’s nominee.”.

(3)

In section 6(1) (persons responsible for applications for registration), after paragraph (a), insert—

“(aa)

in the case of a transfer of ownership to the crofter (or the crofter’s nominee) of the croft land tenanted by the crofter such as is mentioned in section 4(1)(c)(ii), by the crofter (or the crofter’s nominee) to whom such ownership is transferred,”.

(4)

In section 29 (transfer of land containing crofts: offences)—

(a)

after subsection (5) insert—

“(5A)

A person commits an offence if, ownership of a croft has been transferred to the person as is mentioned in section 4(1)(c)(ii), the person fails within 1 year of the transfer to apply to register the croft.

(5B)

A person commits an offence in respect of each further 1 year period where the person continues to fail to apply to register the transfer mentioned in subsection (5A).”,

(b)

in subsection (6), for “or (5)” substitute “(5), (5A) or (5B)”.