Regulation 2 Interpretation
In these Regulations unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them:–
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“the Act of 1955” means the Crofters (Scotland) Act 1955;
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“the Act of 1976” means the Crofting Reform (Scotland) Act 1976f1;
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“cottar” has the same meaning as in section 28(4) of the Act of 1955;
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“croft” has the same meaning as in section 3(1) of the Act of 1955;
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“croft land” has the same meaning as in section 1(3) of the Act of 1976;
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“crofter” means the tenant of a croft and includes a person deemed by virtue of section 22(6) of the Act of 1955 to be a crofter for the purposes of section 22(2) of that Act;
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“grant” means such assistance by way of grant as is mentioned in section 22(2) of the Act of 1955;
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“landlord” in relation to a crofter (other than a person deemed by virtue of section 22(6) of the Act of 1955 to be a crofter) has the same meaning as in section 37(1) of that Act and in relation to a cottar means the landlord of the site upon which is or is proposed to be erected, improved or rebuilt a dwellinghouse to which an application for grant or, as the case may be, a grant relates;
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“owner-occupier” means–
- (a)
the owner of a holding to which section 31 of the Act of 1955 applies who has applied for a grant or, as the case may be, to whom the Secretary of State has decided to make or has made a grant under subsection (1) of that section; or
- (b)
a person who, after the passing of the Act of 1976 has applied for a grant or, as the case may be, to whom the Secretary of State has decided to make or has made a grant under section 22(2) of the Act of 1955 as read with section 12(1) of the Act of 1976 and who is —
- (i)
a crofter who has acquired the site of the dwelling house on or pertaining to his croft; or
- (ii)
the nominee of such a crofter, being a member of his family, to whom the site has been conveyed by the landlord of the croft; or
- (iii)
a member of such a crofter’s family who has acquired the title to the site from that crofter or such nominee; or
- (iv)
a cottar who has acquired the site of the dwellinghouse on or pertaining to his subject;
- (i)
- (a)
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“statutory successor” has the same meaning as in section 37(1) of the Act of 1955;
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“the recorded conditions” in relation to a dwellinghouse means the conditions set out in the notice recorded in relation to that dwellinghouse in the Register of Sasines in accordance with regulation 4 of these Regulations;
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“the work” means erection, improvement or rebuilding towards which the Secretary of State has decided to make or has made a grant.
In these Regulations any reference to the recipient of a grant includes a reference–
in the case of a crofter, to any other crofter who becomes tenant of the croft whether as a statutory successor or otherwise and to any person who becomes owner-occupier of the croft;
in the case of a cottar, to any person who succeeds him as tenant of the dwellinghouse in respect of which the grant in question is made; and
in the case of an owner-occupier or a person deemed by section 22(6) of the Act of 1955 to be a crofter, to the heirs and successors whomsoever of the owner-occupier or of that person as the case may be.
Annotations
Footnotes
- f1