OpenLegislation

Regulation 2 Interpretation

Original text. Later amendments are not shown.

(1)

In these Regulations unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them:–

  • “the Act of 1955” means the Crofters (Scotland) Act 1955;

  • “the Act of 1976” means the Crofting Reform (Scotland) Act 1976f1;

  • “cottar” has the same meaning as in section 28(4) of the Act of 1955;

  • “croft” has the same meaning as in section 3(1) of the Act of 1955;

  • “croft land” has the same meaning as in section 1(3) of the Act of 1976;

  • “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;

  • “grant” means such assistance by way of grant as is mentioned in section 22(2) of the Act of 1955;

  • “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;

  • “owner-occupier” means–

    1. (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

    2. (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 —

      1. (i)

        a crofter who has acquired the site of the dwelling house on or pertaining to his croft; or

      2. (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

      3. (iii)

        a member of such a crofter’s family who has acquired the title to the site from that crofter or such nominee; or

      4. (iv)

        a cottar who has acquired the site of the dwellinghouse on or pertaining to his subject;

  • “statutory successor” has the same meaning as in section 37(1) of the Act of 1955;

  • “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;

  • “the work” means erection, improvement or rebuilding towards which the Secretary of State has decided to make or has made a grant.

(2)

In these Regulations any reference to the recipient of a grant includes a reference–

(a)

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;

(b)

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

(c)

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

1976 c. 21.