The Croft House Grant (Scotland) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Croft House Grant (Scotland) Regulations 2006.

Section 42(4) of the Crofters (Scotland) Act 1993 enables the Scottish Ministers to, in accordance with arrangements made by them, provide assistance by way of grants towards the erection or improvement or rebuilding of dwelling-houses for crofters. They may also make this assistance available to cottars (section 44) and to owner-occupier crofters (section 45(1)(ca)). Where Scottish Ministers make such arrangements, regulations must be made about matters set out in section 42(6). These Regulations relate to those matters.

Regulation 4 sets out conditions that apply to any dwelling-house in respect of which a grant has been provided. Where these conditions apply, a notice in the form prescribed at Schedule 1 must be recorded in the Register of Sasines or registered in the Land Register for Scotland (regulation 5).

Where a condition in regulation 4 is breached, regulation 6 enables the Scottish Ministers, after giving notice, to recover a sum equivalent to a proportion of the grant, calculated in accordance with regulation 6(2), together with interest on that sum at the rate of 8 per cent above the Bank of England base rate, calculated on a daily basis from the date of payment of the grant. Regulation 6(5) sets out from whom recovery may be made.

Regulation 3 sets out the period for which the conditions in regulation 4 apply. Regulation 7 provides that those conditions cease to apply before the expiry of that period where recovery has been made under regulation 6, or where a sum calculated in accordance with regulation 7(1)(b) has been repaid. In these circumstances, the Scottish Ministers must cause to be recorded in the Register of Sasines or registered in the Land Register of Scotland a notice in the form prescribed at Schedule 2.

Regulation 8 revokes the Croft House Grant (Scotland) Regulations 2006 and makes saving provision in respect of applications for grant made before 1st April 2016.

No business and regulatory impact assessment has been prepared for these Regulations as no impact on business, charities or voluntary bodies is foreseen.