Scottish Statutory Instruments

2012 No. 296

Crofters, Cottars And Small Landholders

Registers And Records

The Crofting Register (Notice of First Registration) (Scotland) Order 2012

Made

30th October 2012

Laid before the Scottish Parliament

1st November 2012

Coming into force

30th November 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 12(8)(b) and 53(2)(a) of the Crofting Reform (Scotland) Act 2010(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Crofting Register (Notice of First Registration) (Scotland) Order 2012 and comes into force on 30th November 2012.

Notice of first registration

2.  The form of notice which is—

(a) in the case of a croft, set out in Schedule 1;

(b) in the case of a common grazing, set out in Schedule 2; and

(c) in the case of land held runrig, set out in Schedule 3,

is prescribed for the purposes of section 12(8)(b) of the Crofting Reform (Scotland) Act 2010.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

30th October 2012

Article 2(a)

SCHEDULE 1 FORM OF NOTICE OF FIRST REGISTRATION OF A CROFT

Article 2(b)

SCHEDULE 2 FORM OF NOTICE OF FIRST REGISTRATION OF A COMMON GRAZING

Article 2(c)

SCHEDULE 3 FORM OF NOTICE OF FIRST REGISTRATION OF LAND HELD RUNRIG

EXPLANATORY NOTE

(This note is not part of the Order)

Section 12(8) of the Crofting Reform (Scotland) Act 2010 provides that in most cases the applicant for first registration of a croft, common grazing or land held runrig in the Crofting Register must, on receipt of the certificate of registration, give public notice of the registration by—

• placing an advertisement, for two consecutive weeks, in a local newspaper circulating in the area where the croft, common grazing or land held runrig is situated, and

• affixing a conspicuous notice in the prescribed form to a part of the croft, common grazing or land held runrig.

This Order prescribes that form of notice.

A business and regulatory impact assessment has not been produced as no impact on the private, voluntary or public sector is foreseen.

(1)

2010 asp 14 (“the 2010 Act”). Section 12(10) of the 2010 Act contains a definition of “prescribed” for the purpose of section 12(8). Section 12 is applied, with modifications, to common grazings by section 28 of and paragraph 5 of schedule 3 to the 2010 Act and to land held runrig by section 32 of that Act.