Crofting Reform (Scotland) Act 1976

16 Amendment of law with respect to common grazings

(1) At the end of section 24 of the Act of 1955 (appointment, etc., of grazings committee) there shall be added the following subsection—

“(9) A grazings committee shall pay such annual remuneration to the clerk appointed under subsection (6) or (8) of this section as they may determine ; and they may recover from the crofters sharing in the common grazings all expenditure incurred by them in paying such remuneration.”.

(2) Nothing in paragraph (a) or (b) of section 25(1) of the Act of 1955 shall preclude a grazings committee from performing the duties therein specified on land other than the common grazings.

(3) After subsection (1) of the said section 25 there shall be inserted the following subsections—

“(1A) The grazings committee shall give notice to each crofter sharing in the common grazings of any proposals to carry out works in pursuance of the duty imposed by subsection (1)(b) above and the proposed allocation of the expenditure to be incurred in respect of those works among such crofters ; and any such crofter may within one month of the date of such notice make representations in respect of the proposals or the proposed allocation to the Commission who may approve the proposals or proposed allocation with or without modifications or reject them.

(1B) Notwithstanding section 13(2) of the Act of 1961 (which provides that where a right in common grazings is sublet the subtenant comes in place of the crofter in relation to any matter which concerns such right), subsection (1A) above shall have effect in a case where such a right is sublet as if any reference to a crofter included a reference to a crofter in whose place a subtenant has come ; but no liability to meet expenditure incurred by a grazings committee in the performance of the duties imposed on them by subsection (1)(b) above shall be imposed on such a crofter in respect of any period during which such a subtenancy subsists.”.

(4) For section 26 (2) (b) of the Act of 1955 (common grazings regulations) there shall be substituted the following paragraph—

“(b) the recovery by the grazings committee from such crofters of all expenses incurred by the committee in the performance of the duties imposed on them by section 25(1) (b) of this Act according to the proposed allocation of expenditure referred to in subsection (1A) of the said section 25 or, as the case may be, that allocation as approved or modified by the Commission under that subsection;”.

(5) Section 27(7) of the said Act (apportionment by the Commission of lands held runr(g) shall have effect as if after the word " manner " there were inserted the words " and subject to such conditions ".