Part 1Crofting reform

Chapter 2Registration

Registration in the Crofting Register

35Notification of first registration

(1)

The 2010 Act is modified as follows.

(2)

In section 7 (applications for registration), after subsection (2B) (inserted by section 34 of this Act), insert—

“(2C)

An application for first registration must include—

(a)

the name and address of the persons who are to be notified of registration under section 12(1), or

(b)

in respect of any person to be notified whose name or address is not known to the applicant, an explanation of what steps the applicant has taken to ascertain them.”.

(3)

In section 12 (notification of first registration)—

(a)

for subsection (1), substitute—

“(1)

The Keeper must, as soon as reasonably practicable after issuing a certificate of registration under section 9(2), notify any persons mentioned in subsection (3) of the matters mentioned in subsection (4).”,

(b)

in subsection (2), for “The Commission” substitute “Despite subsection (1), the Keeper”,

(c)

in subsection (5), for “the Commission issue” substitute “the Keeper issues”,

(d)

in subsection (6), for “the Commission issue” substitute “the Keeper issues”,

(e)

in subsection (7), for “Commission” substitute “Keeper”.

(4)

In section 18 (indemnity in respect of loss)—

(a)

in subsection (2), after paragraph (a) insert—

“(aa)

a failure to notify a person in accordance with section 12(1),”,

(b)

after subsection (4) insert—

“(4A)

No indemnity is payable in relation to—

(a)

a failure such as is mentioned in subsection (2)(aa), or

(b)

a mistake such as is mentioned in subsection (2)(e) arising as a consequence of a failure to notify a person under section 12(1),

if the reason for that failure or mistake is attributable to the information provided to the Keeper in respect of such notification being incomplete, incorrect or having changed during the time between the date of receipt of the application and the notification of persons under section 12(1).”.