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DRAFT CROFTING REFORM (SCOTLAND) BILL: Consultation Paper
Crofting Reform Bill
Explanatory Notes
It is important to note that this legislation has been drafted by way of amendment to the Crofters (Scotland) Act 1993 (the 1993 Act) and thus provides for changes to the provisions in the 1993 Act. Consequently anyone considering the detailed legislative provisions in the consultation will find it easier to understand if read in conjunction with that legislation. In order to make the new provisions more readily understandable where the issues are complex and also to enable the reader to view the amendments in context, we will make available, on request, a document which shows how the 1993 Act would look as amended by the draft Bill. This document is available on the SE website at http://www.scotland.gov.uk/topics/rural/crofting/17096/7527
Section 1: The Crofters Commission
This section replaces section 1 of the 1993 Act with two new sections and together with Schedule 1 provides for the constitution and general duties of the Crofters Commission ("the Commission'). There are a few changes from the 1993 Act the most obvious being that the detail of the functions of the Commission in section 1 of the 1993 Act has been replaced by general duties set out in new section 1A and these duties are more specific than the existing requirements. For example the function of "keeping under review matters relating to crofting" has been translated to a general duty of "keeping under review matters relating to crofting tenure, crofting communities and the crofting way of life". This makes clear the Commission's role in identifying crofting needs and opportunities. Similarly other duties extend responsibility to specifically cover crofting communities. Provisions relating to the membership of the Commission have been retained but are now to be found in new Schedule 1.
A further change to achieve consistency with the constitutional arrangements for other Non-Departmental Public Bodies is the provision at subsection (1)(b) of new section 1A that the Commission may at some future point have further general duties prescribed by regulation other than those specified in the Bill. This is to allow adaptability to meet new challenges and requirements in the future. |
Crofting Reform etc. Bill
CONSULTATION DRAFT
An Act of the Scottish Parliament to make further provision as regards crofting; to amend the Scottish Land Court Act 1993; and for connected purposes.
PART 1
THE CROFTERS COMMISSION
1 The Crofters Commission: constitution etc. and general duties
For section 1 of the 1993 Act, there is substituted—
"1 The Crofters Commission
(1) The Commission shall discharge such functions as are conferred on them by virtue of this Act and any other enactment.
(2) Schedule 1 to this Act shall have effect with respect to the Commission.
General duties
1A General duties
(1) The Commission shall have—
(a) the general duties of—
(i) regulating crofting tenure;
(ii) reorganising crofting townships;
(iii) promoting the interests of crofters and crofting communities; and
(iv) keeping under review matters relating to crofting tenure, crofting communities and the crofting way of life,
in the crofting counties; and
(b) such other general duties as may be prescribed.
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The requirement in subsection (2)(a) of section 1A that the Commission shall "have regard to local circumstances and conditions" reflects provision currently in section1(3) of the 1993 Act and enables the Commission to develop formal policies for particular local areas, a concept which is further developed in section 2 of the Bill as the new section 2A.
The requirement at subsection (2)(b) of section 1A is to ensure that the actions of the Commission are compatible with furthering sustainable development.
Section 2: Particular duties and powers
This section creates three new sections to replace the existing section 2 of the 1993 Act. The new section 2 details the particular duties and powers of the Commission. It largely mirrors in a simplified form the provisions of the existing section but a significant change is included at subsection (1)(a) which now provides that the Commission will keep under review croft-based businesses and products. This results from the extension of rights of crofters under Schedule 2 of the Bill to permit other principal use of crofts than the current requirement of cultivation. Subsection (4) now assigns responsibility for maintaining the Crofters Holdings Book to the Commission (in the 1993 Act this is a responsibility of the Land Court). In addition the provisions of subsection (4) of section 2 of the 1993 Act are now to be found in Schedule 1. |
(2) In discharging their functions, the Commission shall—
(a) have regard to local circumstances and conditions; and
(b) act in the way they consider best contributes to the achievement of the sustainable development of crofting and of crofting communities.".
(2) In section 61 of the 1993 Act (interpretation), for the definition of "the Commission" there is substituted—
""the Commission" means "the Crofters Commission" established by section 1 of the Crofters (Scotland) Act 1955 (c.21);".
(3) Schedule 1 is to have effect.
2 Particular duties and powers
For section 2 of the 1993 Act, there is substituted—
"Particular duties and powers
2 Particular duties and powers
(1) In discharging their general duties mentioned in section 1A of this Act, the Commission shall—
(a) without prejudice to the generality of that section, keep under general review all matters relating to land settlement, croft-based businesses and products, the improvement of land and livestock, the planting of trees, the supply of agricultural equipment and requisites, the marketing of agricultural produce, experimental work on crofting methods, the provision of demonstration crofts, the needs of the crofting communities for public services of all kinds, the provision of social amenities and the need for industries to provide supplementary occupations for crofters or for their families;
(b) collaborate, so far as their functions permit, with any person or group of persons in the carrying out of any measures for the economic development and social improvement of the crofting counties;
(c) advise the Scottish Ministers on any matter relating to crofts and crofting conditions—
(i) which the Ministers may refer to them; or
(ii) on which they may think it appropriate to submit advice to the Ministers; and
(d) exercise the powers conferred on them by this Act and any other enactment in such manner as may seem to them in each case desirable.
(2) For the purpose of assisting them in the local execution of their functions under this Act or any other enactment, the Commission may appoint a panel of persons whom they consider to be suitable and who are resident in the crofting counties to act as assessors, when required by the Commission so to act.
(3) The Commission may make to any person acting as an assessor by virtue of subsection (2) above, such payments as the Scottish Ministers may determine in respect of—
(a) any loss of earnings;
(b) any expenses (including travelling and subsistence expenses), necessarily suffered or incurred and attributable to the person so acting.
(4) The Commission shall keep a book called the "Crofters Holdings Book" in which they shall record—
(a) every order, determination, consent, authorisation or other proceeding of theirs which they consider it is appropriate to have recorded in that Book; and
(b) any agreement for a loan sent to them under section 43(3) of this Act.
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New section 2A on local policy is a further significant change. This gives the Commission power to set policies for separate local areas, with the proviso that the Commission must first consult with grazings committees as to where boundaries should be drawn and establish local policy panels to advise on Commission policy proposals for that area. This section also provides that the arrangements for consulting on a scheme, preparing it and setting up local panels will be specified in regulations and that each scheme must be approved by Scottish Ministers. |
2A Regulating crofting: local policy
(1) In discharging any of their general duties mentioned in section 1A(1)(a) of this Act, the Commission may, where they consider it appropriate to do so, formulate and adopt a policy as respects an area which in their opinion is appropriate for that area (a "local policy").
(2) An area as respects which the Commission may formulate and adopt a local policy shall comprise a crofting township (or two or more such townships) and shall include any common grazing associated with that township (or all such townships).
(3) If the Commission consider it appropriate to exercise their power under subsection (1) above, they shall—
(a) consult any grazings committee in the area they have in mind as respects what might be the appropriate geographical boundary of the area;
(b) prepare a scheme for the appointment of a panel of persons, whom they consider suitable, some or all of who are resident in the area to be identified in the scheme or who (if not resident there) in the Commission’s opinion have relevant expertise, for the purpose of—
(i) advising the Commission as to the views of crofting communities there, and its views, as respects the needs of the area;
(ii) assisting the Commission in the development of an appropriate local policy for the area;
(c) identify in that scheme, by geographical boundaries, the area as respects which the Commission consider that a local policy is appropriate.
(4) A scheme prepared under subsection (3)(b) above shall require the approval of the Scottish Ministers; and after having obtained such approval the Commission shall appoint a panel of persons in accordance with the scheme as approved.
(5) In—
(a) carrying out any consultation under subsection (3)(a) above;
(b) preparing any scheme under subsection (3)(b) above;
(c) appointing a panel of persons under subsection (4) above, the Commission shall satisfy such requirements as may be prescribed.
(6) In formulating a local policy to adopt for the area, or modifying or revoking any such policy, the Commission shall—
(a) consider the impact of their proposal on both crofting and non-crofting interests in the area;
(b) consult—
(i) the panel appointed under subsection (4) above for the area; and
(ii) such other persons, or groups of persons, as they consider appropriate,
on their proposals.
(7) The Commission may make to any person acting as a member of a panel appointed under subsection (4) above such payments as they may determine in respect of—
(a) any loss of earnings;
(b) any expenses (including travelling and subsistence expenses), necessarily suffered or incurred and attributable to the person so acting.
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New section 2B provides that the Scottish Ministers can give the Commission directions on the way that they carry out their functions. This reflects current provision at section 1(3) of the 1993 Act. |
2B Directions by the Scottish Ministers
The Commission shall discharge their functions in accordance with such directions of a general or specific character as may from time to time be given to them in writing by the Scottish Ministers.". |
Section 3: Equal opportunities
This section inserts new section 59A into the 1993 Act and is a new provision specifically requiring the Commission to observe equal opportunities in their work. |
3 Equal opportunities
After section 59 of the 1993 Act, there is inserted—
"59A Equal opportunities
(1) The Commission shall discharge their functions in a manner which encourages equal opportunities and, in particular, the observance of the equal opportunities requirements.
(2) In subsection (1) above, "equal opportunities" and "equal opportunity requirements" have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c.46).". |
Section 4: Power of the Commission to make schemes and arrangements for grants
This section introduces, by means of the insertion of new section 42A in the 1993 Act, a power for the Commission to make schemes for grants to crofters and other occupiers of similar holdings. It also allows the Commission to provide assistance to the persons specified in subsection (5) in respect of building and improving houses, roads and utility supplies. Generally speaking, this gives the Commission the powers provided to Scottish Ministers by section 42 of the 1993 Act. However, it specifically prevents the Commission from borrowing and lending money. The persons mentioned in subsection (5) included tenants under the short term leases which section 27 of the Bill provides for but makes no provision to enable the Commission to pay grants to cottars. It also provides that the expenses of these grant schemes or arrangements under which assistance is provided are met by the Commission and that such schemes or arrangements must be administered by the Commission. |
4 Power of the Commission to make schemes and arrangements for grants
After section 42 of the 1993 Act, there is inserted—
"42A Power of the Commission to make schemes and arrangements for grants
(1) For the purpose of supporting any reasonable use which promotes the sustainable development of crofts and similar holdings, the Commission may, subject to the approval of the Scottish Ministers, make schemes for providing grants to crofters and occupiers of holdings which are, in significant respects and in the opinion of the Commission, similar to crofts.
(2) Any provision in a scheme under subsection (1) above which purports to give the Commission power to borrow or lend money shall be void.
(3) Subsections (1A), (2) and (10) of section 42 of this Act shall apply to a scheme made under subsection (1) as they apply to a scheme made under subsection (1) of that section but with the following modifications—
(a) in subsection (1A), the words "and loans" are omitted and after the word "croft" is inserted "or similar holding";
(b) in subsection (2)—
(i) in paragraph (a), the words ", through the agency of the Commission," are omitted; and
(ii) in each of the paragraphs (b) and (c) the words "or loan", wherever they occur, are omitted; and
(c) in subsection (10), the words "or loan" and "or under subsection (4) above" are omitted and the reference to subsection (1) is to be construed as a reference to subsection (1) of this section.
(4) The Commission may, in accordance with arrangements made by them with the approval of the Scottish Ministers, provide assistance to the persons listed in subsection (5) below by way of grants or by the supply for payment in cash of building or other materials towards the erection or improvement or rebuilding of dwelling houses and other buildings or towards the provision or improvement of roads, or water or electricity or gas supplies.
(5) The persons are—
(a) crofters;
(b) occupiers of crofts who are also the owners thereof and who, in the opinion of the Commission, use their crofts in a way substantially the same as that of a crofter;
(c) occupiers of holdings, other than crofts, situated in the crofting counties which are, in significant respects and in the opinion of the Commission, similar to crofts;
(d) subtenants of crofts; and
(e) short-term tenants.
(6) Any arrangement under subsection (4) which purports to give the Commission
power to borrow or lend money shall be void.
(7) Subsections (6), (7), (8), (9) and (10) of section 42 of this Act shall apply to arrangements made under subsection (4) above as they apply to arrangements made under subsection (4) of that section but with the following modifications—
(a) in subsection (6), after the word "made" where it first occurs there is inserted ", after consultation with the Commission," and for the words "Secretary of State", whenever they occur in paragraphs (b), (c), (d) and (e), there is substituted "Commission";
(b) in subsection (7), after the word "may" where it first occurs there is inserted ", after consultation with the Commission,";
(c) in each of subsections (8) and (9), the reference to subsection (4) is to be construed as a reference to subsection (4) of this section;
(d) in subsection (9), for the words "Secretary of State" there is substituted "Commission" and after the word "croft" there is inserted "or similar holding";
(e) in subsection (10), the words "or loan" are omitted and for the words from "a scheme made" to "subsection (4) above" there is substituted "subsection (4) of section 42A of this Act".
(8) Any scheme under subsection (1) above or arrangements under subsection (4) above shall be administered by the Commission and any expenses in connection with such administration shall be met by the Commission.
(9) Any scheme under subsection (1) above or arrangements under subsection (4) above or scheme under subsection (1) or arrangements under subsection (4) of section 42 of this Act may provide that a person’s economic status is a criterion for eligibility for grants or loans payable thereunder.". |
Section 5: Obtaining Commission approval or consent
This section in the form of new section 58A sets down the processes by which the majority of applications to the Commission will be determined. The Commission will no longer be required to determine every application made by crofters and landlords, but will still intervene where there are objections or where an application which raised no objections invokes separate criteria requiring the Commission to consider and decide whether it should succeed. Excluded from these new arrangements are those applications which make substantial change to croft land: decrofting, apportionment and crofter forestry. These will continue in every case to require the Commission's written approval in order to succeed.
Subsection (2) of new section 58A provides that in every case in which the applicant is required to apply to the Commission for consent or approval to make the proposed changes, the form on which the application is to be made and any documentation and fee will be specified by the Commission. The Commission will have powers to charge for regulatory work. (See Schedule 1 Paragraph 3 of the 1993 Act as inserted by Schedule 1 of the Bill). This is reflected in the reference to the accompanying fee in subsection (2)(b).
Subsection (3) requires the applicant to give public notice of his application and where the applicant is not the landlord or the owner of the common grazing affected by the application notify the landlord or owner in writing. This is to ensure that those who may wish to object have adequate notice of what is proposed. Subsection (4) specifies the time allowed for making an objection, how it must be made and who may do so. Subsection (6) provides that the Commission may ignore a frivolous, vexatious or unreasonable objection but that in every other case at the end of the period allowed for objections they must decide whether they should intervene to consider the application. The Commission is required by subsection (6) to intervene if there is a valid objection or, where there is no objection, if conditions specified in subsection (6)(b) arise. |
5 Obtaining Commission approval or consent
After section 58 of the 1993 Act, there is inserted –
"58A Obtaining Commission approval or consent
(1) Any requirement, under or by virtue of this Act, to obtain the approval or consent of the Commission, shall (subject to any express provision made by this Act in respect of any category of case) be complied with as follows.
(2) The application for approval or consent must–
(a) be in such form; and
(b) be accompanied by such documents and fee,
as the Commission shall specify; and the Commission may make different provision for different categories of case.
(3) The person making the application shall—
(a) forthwith give public notification of it; and
(b) if he is not the landlord (or, where the land to which the application relates is, or is part of, a common grazing, not the owner) give written notification of it to the landlord (or to the owner).
(4) Within 28 days after public notification of an application made in compliance with subsection (2) above—
(a) the landlord (or where the land to which the application relates is, or is part of, a common grazing the owner);
(b) any member of the crofting community in the locality of that land (including, where that land is, or is part of, a common grazing, the grazings committee or any crofter who shares in the grazing); or
(c) any other person if he is identified for the purposes of this subsection by the provision which imposes the requirement mentioned in subsection (1) above, may submit to the Commission written objections as regards the application.
(5) The 28 days mentioned in subsection (4) above include the day on which the notification in question is given.
(6) When those 28 days have elapsed the Commission—
(a) must, in a case where they have received such objections by virtue of subsection (4) above and do not consider them to be frivolous, vexatious or unreasonable, intervene as respects the application;
(b) may, in any other case, decide to do so if it appears to them that any of—
(i) the general conditions; or
(ii) any conditions (if any) special to applications of the category in question, applies as respects the application.
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Subsection (7) specifies what the Commission must do if they decide not to intervene to consider an application on the basis of a timely objection. Subsection (8) deals with what is to come next if the Commission decide to intervene because one of conditions specified in subsection (6)(b) applies. Subsection (9) lists the general conditions that apply for the purposes of subsection (6). Subsection 10(a) provides that where there is no intervention the application succeeds without a written decision from the Commission and the details will be entered in the Register of Crofts. Subsection 10(b) deals with what should be done by the Commission following a decision to intervene. It requires the Commission to inform those parties with an interest that the application is to be considered by the Commission and why the Commission intervened. It also informs the party of their right to appeal to the Land Court against the decision by the Commission on the application. |
(7) If, as regards a written objection timeously received, the Commission decide not to have regard to it or that it does not provide them with grounds for intervention as respects the application they shall notify –
(a) the applicant, the landlord (or owner) and, as the case may be, the grazings committee of the terms of the objection and of the reason for that decision; and
(b) the objector, of that reason.
(8) If, other than by reason of any such objection, the Commission decide to intervene as respects the application, they shall notify the applicant, the landlord (or owner) and, as the case may be, the grazings committee of their decision to intervene, stating their reasons for intervention.
(9) The general conditions are –
(a) that, were the proposal to be implemented, there is reason to suppose that any or all of the following would be affected adversely–
(i) the interests of the estate which comprises the land;
(ii) the interests of the crofting community mentioned in subsection (4)(b) above;
(iii) the interests of the public at large;
(iv) the sustainable development of the community so mentioned; and
(b) that such information as is contained in the application and its accompanying documents is insufficient for them to come to a decision as respects the proposal.
(10) If the Commission –
(a) do not intervene, they shall enter the proposal or the matter consented to (and if and in so far as they think fit any information obtained by them by virtue of subsection (2) above and pertaining to that proposal or matter) in the Register of Crofts and notify—
(i) the applicant;
(ii) the landlord (or owner);
(iii) any person who objected under subsection (4) above; and
(iv) as the case may be, the grazings committee,
that the proposal is approved and may be implemented or as the case may be that the matter is consented to and may be proceeded with accordingly;
(b) intervene, they shall, within 21 days after the 28 days mentioned in subsection (4) above have elapsed –
(i) notify the persons mentioned in sub-paragraphs (i) to (iv) of paragraph (a) above of their decision to intervene, stating their reasons for intervention;
(ii) inform those persons (provided in the case of a person who objected under subsection (4) above that the objection was not considered by the Commission to be frivolous, vexatious or unreasonable) that they may, after the Commission makes a determination under subsection (11) below, have the right to appeal to the Land Court as respects that determination.
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Subsection (11) gives the Commission the power to set up procedures and arrangements for deciding whether or not to approve or consent to an application and makes it clear that a decision to intervene in an application is a decision to follow these procedures. It is important to note that this provision allows the Commission to delegate the task of making the decision to any person the Commission considers appropriate.
Subsection (12) provides that where the Commission following an intervention decides to approve or consent to the application the Commission will record details of the application they have consented to in the Register of Crofts and notify those who would have been notified if the Commission had previously decided not to intervene in the application.
Subsection (13) gives Scottish Ministers power to amend the general conditions set out in subsection (9) by means of a statutory instrument. Subsection (14) requires that any such statutory instrument must be approved by means of an order made by resolution of the Parliament. |
(11) Subject to any other provision of this Act as to procedure, the Commission may determine by such procedure and arrangements (including arrangements as to delegation and the powers and duties of persons delegated) as they consider appropriate whether or not to grant the approval or consent applied for; and references in this section to their intervening are to their proceeding to such a determination.
(12) Where the Commission grant the approval or consent applied for they shall enter the proposal or the matter consented to (and if and in so far as they think fit any information obtained by them by virtue of subsection (2) above and pertaining to that proposal or matter) in the Register of Crofts and give such notification as is mentioned in subsection (10)(a) above.
(13) The Scottish Ministers may by order made by statutory instrument amend –
(a) subsection (9) above;
(b) any provision of this Act in which are set out criteria mentioned in subsection (6)(b)(ii) above,
so as to add to, vary or revoke criteria.
(14) A statutory instrument containing an order under subsection (13) above shall not be made unless a draft of the instrument has been –
(a) laid before; and
(b) approved by resolution of, the Scottish Parliament.".
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Section 6: Obtaining of information by Commission
Section 6 amends section 40 of the 1993 Act. It changes section 40(1) to reflect the fact that the Commission will in future have another means of obtaining information about crofts. It changes section 40(1) and (2) so that these provisions of section 40 can also be used to obtain information from the executor of a crofter. It also insets a new subsection (3) into section 40 which provides that the Commission can refuse to process any application made to them where information required in connection with that application is not provided. |
6 Obtaining of information by Commission
In section 40 of the 1993 Act (obtaining of information by the Commission)—
(a) in subsection (1)—
(i) for the words "The Commission may by notice" there is substituted "Without prejudice to any other provision of this Act whereby information may or shall be obtained by them, the Commission may by notice under this section"; and
(ii) after the words "any holding" insert ", or on the executor of the person who most recently was the owner or occupier of any holding,";
(b) in subsection (2), for the words "owner or occupier" there is substituted "owner, occupier or executor"; and
(c) after subsection (2) there is added—
"(3) Where the Commission impose a requirement—
(a) under subsection (1) above, to provide information; or
(b) by virtue of section 41A(1)(a)(i) of this Act, to provide a map,
on any person making an application under this Act (the requirement being for the purposes of the application), the Commission may if they think fit decline to do anything in relation to the application until they are satisfied either that the requirement has been complied with or that it is not practicable to comply with the requirement.
(4) If the Commission are satisfied that it is not practicable to comply with the requirement (the "original requirement") they may modify it; and subsection (3) above shall apply in relation to the modified requirement as that subsection applies to the original requirement.
(5) This section applies in relation to a common grazing as it applies in relation to a holding except that for the purposes of that application references in the section to an occupier of a holding are to be construed as references to a crofter who shares in the common grazing.". |
Section 7: Maintenance of and provision of information from the Register of Crofts
Section 7 amends section 41 of the 1993 Act and provides for the modification of section 41(2) so that a range of information previously not held on the Register of Crofts can be held there. It also amends the requirement in that subsection for the Commission to insert, alter or omit entries to ensure the accuracy of the Register. The emphasis is to ensure so far as is possible that the Register is kept consistent with the information received. Section 41(3) is replaced by two new subsections which provide for the Register of Crofts becoming open to public scrutiny and to allow for the provision of certified extracts from the Register which will have legal status as evidence of the existence of a Register entry. |
7 Maintenance of and provision of information from the Register of Crofts
In section 41 of the 1993 Act (Register of Crofts)—
(a) in subsection (2)—
(i) for paragraph (c) there is substituted—
"(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;
(iv) any other use of the grazing, except use for grazing purposes, 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(3)(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 section 22(1) of this Act;
(iii) direction under section 24(3) or (4) or 25(4) of this Act;
(iv) reorganisation scheme prepared under section 38(8)(a) of this Act; or
(v) apportionment under section 52(3) or (4) of this Act;"; and
(ii) for the words "the accuracy of the Register" there is substituted ", 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
(b) for subsection (3) there is substituted—
"(3) A person requesting from the Commission a copy or extract of an entry in the Register of Crofts is entitled to receive it from them on payment of such fee (if any) as may be chargeable by virtue of section 41B(4) of this Act.
(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.". |
Section 8: Maps and scheme of charges
Section 8 provides new sections 41A and 41B for insertion in the 1993 Act.
The provisions of new section 41A(1) allows Scottish Ministers to make regulations to confer on the Commission power to require maps of crofts to be supplied to the Commission. Section 41A(2) requires these regulations to specify when and in what circumstances the Commission can require maps to be supplied and in what format. section 41A(3) specifies that these maps shall be held on the Register of Crofts. |
8 Maps and scheme of charges
After section 41 of the 1993 Act, there is inserted—
"41A Provision of maps for inclusion in Register of Crofts etc.
(1) The Scottish Ministers may by regulations—
(a) confer on the Commission power—
(i) to require, or permit, the provision to the Commission by any person mentioned in section 40(1) of this Act, whether for inclusion in the Register of Crofts or in relation to the exercise by the Commission of their functions under this Act, of maps of crofts and common grazings; and
(ii) to determine procedure and arrangements to apply as respects such provision; and
(b) specify requirements with which maps provided shall comply.
(2) The regulations—
(a) shall in any event specify—
(i) the circumstances in which, the date from which and the timescales within which the Commission may require maps to be provided; and
(ii) the form and scale of any maps provided; and
(b) may make different provision for different cases or categories of case or for different purposes.
(3) The Commission shall enter in the Register of Crofts such maps as are provided to them in accordance with the regulations. |
The provisions of new section 41B allows the Commission a broad power to charge fees for maintaining the Register of Crofts, subject to the approval by Scottish Ministers of the charging arrangements. |
41B Scheme of charges in relation to Register of Crofts
(1) The Commission may, in accordance with a scheme to be compiled and maintained by them, charge fees in respect of maintenance by them of the Register of Crofts (including charges for inserting, altering or omitting entries or including or omitting maps).
(2) The amount of any fees charged in accordance with such a scheme shall not be greater than is reasonably sufficient for defraying the expenses of maintaining the Register (including the expenses of the improvement of the system of maintaining the Register and including maps in it).
(3) The Commission shall obtain the approval of the Scottish Ministers to a scheme compiled under subsection (1) above (including, without prejudice to that generality, any modifications to the scheme).
(4) The Scottish Ministers may, after consultation with the Commission, make rules as to fees to be chargeable by the Commission for searching or providing information or extracts from the Register of Crofts.
(5) The power to make rules under subsection (4) above shall be exercisable by statutory instrument; and a statutory instrument containing such rules shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.". |
Section 9: Grants to Commission by Scottish Ministers
Section 9 makes new provision for the funding of the Commission and creates a funding arrangement consistent with that which applies to the majority of other
Non-Departmental Public Bodies responsible to Scottish Ministers. It also repeals
the existing provision that the expenses of the Commission will be met by Scottish Ministers contained in section 59 of the 1993 Act. |
9 Grants to Commission by the Scottish Ministers
After section 58A of the 1993 Act (inserted by section 5 of this Act), there is inserted—
"58B Grants to Commission by the Scottish Ministers
(1) The Scottish Ministers may make grants to the Commission of such amounts as they think fit.
(2) Any grant under this section may be made subject to such conditions as the Scottish Ministers think appropriate, including (without prejudice to that generality) conditions as to the use of the money or requiring the repayment of all or any part of a grant in the event of non-compliance with any other condition; and the Ministers may from time to time after the grant is made vary such terms and conditions.". |
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