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The Crofting Register (Transfer of Ownership) (Scotland) Regulations 2012

S.S.I. 2012/297 · Made 30 October 2012 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 8 December 2014.

Crofters, Cottars And Small Landholders

Registers And Records

Made 30th October 2012

Laid before the Scottish Parliament 1st November 2012

Coming into force 30th November 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 4(8), 5(6), 25(4) and 53(2)(a) of the Crofting Reform (Scotland) Act 2010f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2010 asp 14.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Transfer of ownership of owner-occupied croft
  3. 3Transfer of ownership of land on which croft or common grazing is situated
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Crofting Register (Transfer of Ownership) (Scotland) Regulations 2012 and come into force on 30th November 2012.

(2)

In these Regulations, “the 2010 Act” means the Crofting Reform (Scotland) Act 2010.

2Transfer of ownership of owner-occupied croftI1

For the purposes of sections 4(1)(b) and 5(1)(a) of the 2010 Act, the ownership of an owner-occupied croft is to be treated as transferred—

F1(a)

on the registration in the Land Register of Scotland of a deed transferring—

(i)

an unregistered; or

(ii)

a registered,

plot of land on which the croft is situated;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

where, by virtue of an enactment or rule of law, ownership of the land on which the croft is situated passes—

(i)

without registration in the Land Register of Scotland; or

(ii)

without recording in the Register of Sasines,

on such passing of ownership.

3Transfer of ownership of land on which croft or common grazing is situatedI1

For the purposes of sections 5(1)(b)(i) and 25(1)(a) of the 2010 Act, transfer of the ownership of any land on which a croft or common grazing is situated is to be treated as transferred—

F1(a)

on the registration in the Land Register of Scotland of a deed transferring—

(i)

an unregistered; or

(ii)

a registered,

plot of land on which the croft or common grazing is situated;

F2(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

where, by virtue of an enactment or rule of law, ownership of the land on which the croft or common grazing is situated passes—

(i)

without registration in the Land Register of Scotland; or

(ii)

without recording in the Register of Sasines,

on such passing of ownership.

Signature

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

30th October 2012

Explanatory note

(This note is not part of the Regulations)

A number of provisions of the Crofting Reform (Scotland) Act 2010 require registration of a crofting interest in the event that there is a transfer of its ownership or a transfer of the ownership of the land on which it is situated. Sections 4(8), 5(6) and 25(4) of the Act confer on the Scottish Ministers powers to make regulations as to when ownership is to be treated as transferred for those purposes. These Regulations exercise those powers.