Crofters (Scotland) Act 1993

41 Register of Crofts.S

(1)It shall be the duty of the Commission to compile and maintain [F1the register known as the Register of Crofts] .

(2)There shall be entered in the Register of Crofts—

(a)the name, location, rent and extent of every croft;

(b)the name [F2, age and date of birth] of the tenant and the landlord of each croft;

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(ca)the landlord's address and, where the tenant's address is different from the address of the croft, the tenant's address;

(cb)where the landlord's estate is managed on his behalf by another person, a statement that it is so managed and the name and address of that other person;

(cc)where the tenant of a croft holds a right in a common grazing—

(i)the location and boundaries of the grazing;

(ii)the owner of the grazing and his address;

(iii)any use of the grazing as woodlands by virtue of section 50, or of woodlands as part of the grazing by virtue of section 50A, of this Act; and

(iv)any other use of the grazing, except use for grazing purposes, use as woodlands or use regulated by a scheme drawn up by the Commission under section 52(9) of this Act;

(cd)any—

(i)determination by the Commission under section 3A(7)(a) of this Act or by the Land Court on any question coming before it (whether or not on appeal) under this Act;

(ii)order under [F5section 26H(1)] of this Act;

(iii)direction under section 24(3) [F6, 24B(1)] or 25(4) of this Act;

(iv)reorganisation scheme prepared under section 38(8)(a) of this Act;

(v)apportionment under section 52(3) or (4) of this Act; and

(vi)order under section 53B(2) of this Act;

(ce)any other order, determination, consent, authorisation or other proceeding of theirs which they consider it is appropriate to have recorded in the Register of Crofts;

(cf)any agreement between a landlord and a crofter concerning access between a public road and the croft by a route lying wholly over land owned by the landlord, being an agreement intimated to the Commission by the landlord or crofter (the intimation being in such form as the Commission may require and there being provided to the Commission, along with the intimation, a copy of the agreement);

(cg)any agreement for a loan sent to the Commission by virtue of section 46A(2)(e) of this Act;]

(d)such other matters relating to each croft as the Commission may, with the approval of the Secretary of State, decide are proper to be entered in the Register;

and the Commission shall from time to time insert new entries in the Register or alter or omit existing entries so far as may be necessary to ensure [F7, so far as practicable, that the Register is consistent with such information as the Commission has obtained under or by virtue of this Act] and shall send a copy of any new entry, or of any entry altered by them, to the landlord and the tenant of the croft concerned, and shall intimate the omission of any entry to the owner and the tenant (if any) of the land concerned:

[F9(2A)Subsection (2) above applies in relation to land constituted as a common grazing under section 51A of this Act, the owner of that land and the persons sharing in the common grazing as it applies in relation to a croft and its landlord and tenant; and an entry made by virtue of this subsection must contain the information that the common grazing is so constituted.]

[F10(3)A person is entitled on request to receive from the Commission a copy or extract of an entry in the Register of Crofts.

(3A)An extract of an entry in the Register of Crofts shall be certified as such by a person authorised for the purposes of this subsection by the Commission; and a document which bears to be an extract so certified shall be sufficient evidence that the Register contains the entry.]

(4)The register of crofts compiled by the Commission under section 15(2) of the 1955 Act shall, so far as it contains particulars which are required by or under subsection (2) above to be entered in the Register of Crofts, be deemed to have been compiled by the Commission in pursuance of subsection (1) above.

[F11(5)The Crofters Holdings Book shall be incorporated into the Register of Crofts and as so incorporated shall be deemed to have been compiled by the Commission in pursuance of subsection (1) above.]