36Rectification of the Crofting Register(1)

The 2010 Act is modified as follows.

(2)

In section 16 (rectification of the register)—

(a)

for subsection (1) substitute—(1)

The Keeper—

(a)

may, at any time, amend the register to correct any typographical, clerical or other administrative error,

(b)

may rectify the register in accordance with subsections (2) to (4),

(c)

must rectify the register on being—

(i)

ordered to do so by any court,

(ii)

directed to do so by the Commission under section 16A.

(b)

in subsection (5), for “(1)(b)” substitute “(1)(c)(i)”,

(c)

in subsection (6), for “this section” substitute “subsection (1)(b) or (c)”,

(d)

after subsection (6), insert—(6A)

The Scottish Ministers may by regulations modify this section so as to specify further persons, or descriptions of persons, who are entitled to make an application to rectify the register under this section.

(3)

After section 16, insert—

16ARectification: direction by the Commission(1)

Where the Commission becomes aware of a material inaccuracy in the register and the conditions mentioned in subsection (2) are met, the Commission may—

(a)

direct the Keeper to rectify the register if what is needed to do so is manifest, and

(b)

give the Keeper any further direction it considers necessary in connection with the rectification.

(2)

The conditions are that the Commission has—

(a)

given notice of their intention to issue a direction to any person appearing to them to be affected by the direction at least 28 days in advance of the issuing of a direction, and

(b)

had regard to any representations received within that 28 day period.

(3)

A notice under subsection (2)(a) must indicate that the person may, before the expiry of the period of 28 days beginning with the day on which notice is given to the person, make representations to the Commission.

(4)

In this section “material inaccuracy” means an inaccuracy relating to any matter mentioned in section 11(2)(a) or (b).

(4)

In section 17 (rectification following first registration)—

(a)

in subsection (1)(a), for “16(1)(a)” substitute “16(1)(b) or (c)(ii)”,

(b)

in subsection (5), in the definition of “material inaccuracy” for “has the meaning given by section 7(8)” substitute “means an inaccuracy relating to any matter mentioned in section 11(2) other than a typographical, clerical or other administrative error capable of being corrected under section 16(1)(a)”.

(5)

In section 18 (indemnity in respect of loss), after subsection (7), insert—(7A)

A person who suffers loss as a result of a mistake in the register made by the Commission in a direction given under section 16A, the correction of which would require rectification of the register, is to be indemnified by the Commission in respect of that loss.

(6)

The section heading for section 20 becomes “Appeals: decisions of the Keeper”.

(7)

After section 20 (appeals), insert—

20AAppeals: direction by Commission to rectify the register(1)

A relevant person may appeal to the Land Court against a decision of the Commission to give a direction under section 16A(1).

(2)

An appeal under subsection (1) must be made before the expiry of the period of 42 days beginning with the day on which the Keeper gives notice of the rectification under section 16(6).

(3)

An appeal under subsection (1) may be made only on one or more of the following grounds—

(a)

that the Commission erred in law,

(b)

that the Commission made a finding as to a fact material to the decision but did not have sufficient evidence on which to base that finding,

(c)

that the Commission acted contrary to natural justice,

(d)

that the Commission took into account certain irrelevant or immaterial considerations,

(e)

that the Commission failed to take into account certain relevant or material considerations,

(f)

that the Commission exercised their discretion in an unreasonable manner.

(4)

In an appeal under this section, the Land Court may—

(a)

confirm or revoke the direction,

(b)

direct the Commission to make a different direction, or

(c)

remit the case to the Commission without so directing them.

(5)

The Commission, and the Keeper, must give effect to the decision of the Land Court on an appeal under this section.

(6)

In this section, a “relevant person” means a person who is affected by the direction.

(8)

In section 53 (subordinate legislation)—

(a)

in subsection (3), before “(4)” insert “(3A),”,

(b)

after subsection (3), insert—(3A)

No regulations under section 16(6A) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Scottish Parliament.