This guidance covers the completion of Crofting Register form A: application for first registration of a croft.
This form is designed to serve two functions. First of all, it allows you to provide the information required by the Keeper of the Registers of Scotland to register and issue a Registration Schedule for your Croft. Secondly, some parts of this form are for use by the Crofting Commission who will check your application before forwarding it to the Keeper for registration.
All fields relevant to the submission of your application must be completed. You should complete the application form as fully as possible as failure to provide the required information could result in your application being returned to you, causing an avoidable delay to the registration of your croft.
You can voluntarily apply for the first registration of a croft at any time from the commencement of the Crofting Register.
If your croft is not already registered in the Crofting Register, after 30th November 2013 you must complete this form to apply for first registration of your croft when making any application to the Crofting Commission which is included within the 'trigger events' referred to in the Crofting Reform (Scotland) Act 2010. The 'trigger events' - or 'reasons for applying for registration' - which will require first registration of crofts and owner-occupied crofts are listed in the Annex to this document together with details of the person who is required to make the application in each case. In addition, the crofter, owner-occupier crofter, landlord or owner can make an application for voluntary registration at any time.
A fee is payable and must be submitted with the application. The fee referred to on the form covers first registration and the subsequent updating of the register if the Crofting Commission gives consent or approval to the event that induced registration. There is no need for a subsequent application for registration in relation to that event; however, an application may be required in relation to any future event. The fee is set by the Scottish Ministers and is prescribed in The Registers of Scotland (Fees) Order 2014.
Purpose of form
This form can be used if you wish to voluntarily register your croft or for first registration. The Keeper will accept a voluntary registration from 30th November 2012 which is the date that the Crofting Register commences.
Note 1 - applicant details
If you are submitting your application on behalf of an organisation or company you should enter the name of the organisation or company in the relevant field.
Otherwise you must enter your name and address and day time telephone number including the local area code.
In addition you must provide your date of birth. However, whilst this information is required by the Crofting Commission, Registers of Scotland does not have the authority under the relevant provisions of the Data Protection Act 1998 to hold personal information of this sort in its Archives. For this reason, your date of birth will be redacted or 'blacked out' by the Crofting Commission before your application is forwarded to the Keeper and will not be kept in respect of your application as part of the public record.
You may also enter details of your mobile telephone number and email address if you wish to offer the Crofting Commission the option of contacting you by one or other of these methods.
Reason for registration
You should enter a short summary of your 'reason for registration' in the box provided.
The Annex to these guidance notes contains a table listing the instances in which a croft that is not already registered in the new Crofting Register that is to be maintained by Registers of Scotland. For example, the transfer of ownership of an owner-occupied croft is an event that means registration in the new Crofting Register must take place. These 'events' are informally described in the Explanatory Notes to the Crofting Reform (Scotland) Act 2010 as 'trigger events' but they may equally be described as 'reasons for registration' or ' the reason why you are applying for registration in the Crofting Register'. There are also some occasions when you may choose to apply for registration voluntarily. If you are applying for voluntary registration you should enter the word 'voluntary' in the Reasons for Registration box.
Note 2 - agent details
In some cases, the application may be submitted on behalf of the applicant named in section 1 of this form by someone acting as their 'agent' - for example, a solicitor. If you are an agent, in addition to providing the applicant's details in section 1 of this form, you should enter details of your name, reference, postal address, postcode and daytime telephone number in section 2 of this form. In addition, details of your mobile telephone number and email address may be provided if you wish to offer the Crofting Commission the option of contacting you by one or other of these methods.
Note 3 - croft description
You should give the Register of Crofts Number (if you know it or it exists), the name of the Croft, the Township and Parish.
You are required to attach a plan showing the extent of the croft. The extent of the croft should include any apportioned land but the apportioned land should be clearly referenced. All plans should comply with the mapping criteria set out in Registers of Scotland's guidance document ‘Crofting Register Application Plan Criteria: A guide for preparation of plans for applications to the Crofting Register', which includes details of apportionments, decrofting and resumptions. The extent will be checked against records held by the Crofting Commission. An extract ordnance survey map, on which you can show the extent of your croft (and any apportionments) can be supplied by the Keeper should this be required. The fee for the provision of an extract of the ordnance survey map is set out in the Crofting Register (Fees) (Scotland) Order 2012.
Note 4 - name and address of crofter
The crofter referred to in section 4 is a crofter within the meaning of section 3 of the Crofters (Scotland) Act 1993. Therefore, the name and address of the person who is registered with the Crofting Commission as the crofter should be inserted here. In the few cases where there are joint tenants there should be inserted both names and addresses. You should tick the box provided if there is insufficient space in section 4 of the form and use section 13 of this form ('Additional Information') to include the name and address of any additional crofter(s).
Note 5 - name and address of owner-occupier crofter
An owner-occupier crofter is a person who was a crofter or the nominee of a crofter at the time of purchase from the landlord or has purchased the croft from such a person and the croft has not been let to any other party. Where one or more persons have purchased their croft they must be owners of the whole extent of the croft to be an owner-occupier crofter. The names and addresses of all owner-occupier crofters must be given. You should tick the box provided if there is insufficient space in section 5 of the form and use section 13 of this form ('Additional Information') to include the name and address of any additional owner-occupier crofter(s).
Note 6 - name and address of landlord
A landlord is 'in relation to a croft other than one registered in the Crofting Register, any person for the time being entitled to receive the rents and profits, or to take possession of, the croft' all as defined in section 61 of the Crofters (Scotland) Act 1993. The name and address of the Landlord(s) must be given. You should tick the box provided if there is insufficient space in section 6 of the form and use section 13 of this form ('Additional Information') to include the name and address of any additional landlord(s).
Note 7 - name and address of owner
An owner is a person who has title to the land but at the time of registration is not a crofter, the landlord of a crofter or an owner-occupier crofter. Under section 4 of the Crofting Reform (Scotland) Act 2010, those persons who may apply to have a croft registered voluntarily include 'the owner of the land on which the croft is situated'. The name and address of any owner(s) must be given. You should tick the box provided if there is insufficient space in section 7 of the form and use section 13 of this form ('Additional Information') to include the name and address of any additional owner(s).
Note 8 - common grazing/land held runrig
You should insert here any common grazing/land held runrig which you have the right to use as part of the croft. The Registration Schedule will describe the land either as runrig or common grazing. The common grazing/land held runrig name and parish should be entered along with the Crofting Register Common Grazing/Runrig Number if registered in the Register of Crofts. You should tick the box provided if there is insufficient space in section 8 of the form and use section 13 of this form ('Additional Information') to include any additional rights in common grazing/land held runrig.
Note 9 - decrofting, resumption and/or apportionment
Contact the Crofting Commission for information relating to decrofting directions and apportionments. Email email@example.com.
Decrofted areas require to be registered unless 20 years has elapsed from the date of decrofting as the decrofted area can revert to crofting tenure within that period by virtue of a direction made under section 25(3) of the Crofters (Scotland) Act 1993 (i.e. if the decrofting direction was subject to a condition which has subsequently been breached). You should indicate whether any area is subject to decrofting by ticking the relevant box. If the answer is 'yes' and part of the area has been decrofted you should include the date that the decrofting direction was made. You should also indicate if you have provided evidence of this in the form of the decrofting direction and/or the plan attached to it. This area will be shown on the Registration Schedule but not included as part of the croft and the reference will be removed where a period of 20 years beginning with the making of the direction has ended.
You should indicate whether your croft has been subject to resumption in the last 20 years, or if it is subject to a temporary resumption which is still within the allocated time period, by ticking the relevant box. If the answer is 'yes' and part of the croft has been resumed you should enter the date that the resumption was authorised. You should also indicate if you have provided evidence of this in the form of the resumption order and/or the plan attached to it. If the resumption is temporary, you should enter the date on which it ends in the box provided. The area that is subject to the resumption will be shown on the Registration Crofting Schedule but not included as part of the croft. Reference to this area will be removed after a period of 20 years beginning with when the resumption was authorised.
Order copies of resumption orders from the Scottish Land Court. Email: firstname.lastname@example.org.
You should indicate whether your croft includes any area of common grazing/land held Runrig, which has been apportioned, by ticking the relevant box. If the answer is 'yes' you should include evidence of the apportionment with a plan attached to it. If the apportionment is temporary you should indicate this by ticking the relevant box and entering the 'end date' in the box provided. Please note that if the applicant named in section 1 of this form does not hold a croft but has an apportionment of a common grazing, such apportionment is a 'deemed croft' under section 3(5)(b) of the Crofters (Scotland) Act 1993 and would be registered in the same way as a croft.
You should tick the box provided if there is insufficient space in section 9 of this form and use section 13 of this form ('Additional Information') to include additional information that you wish to add in respect of this section of the form.
Note 10 - persons own own/occupy any adjacent croft or land
You should use section 10 to insert the name and address of any crofters or non-crofters who share a common boundary with the croft for which application for first (or voluntary) registration is being made.
The Crofting Commission need the information on boundary owners to meet the notification duties under section 12 of the Crofting Reform (Scotland) Act 2010. The Commission can require the applicant to provide such further information as they consider appropriate under section 7(4) of the 2010 Act.
This information will assist the Crofting Commission in meeting their obligations under section 12 of the 2010 Act to notify persons with an interest in the first registration in the Crofting Register. These include the owner, landlord, crofter and any owner-occupier crofter, as the case may be, of any adjacent croft. In addition, the Crofting Commission is also required to notify the owner and/or occupier of any adjacent land (not being land which is an adjacent croft).
Whilst this information is required by the Crofting Commission, Registers of Scotland does not have the authority under the relevant provisions of the Data Protection Act 1998 to hold personal information of this sort in its Archives. For this reason, this information will be redacted or 'blacked out' by the Crofting Commission before your application is forwarded to the Keeper and will not be kept in respect of your application as part of the public record.
You should tick the box provided if there is insufficient space in section 10 of the form and use section 13 of this form ('Additional Information') to include the names and addresses of the crofters/non-crofters who share a common boundary with your croft.
In some cases, if you are experiencing difficulty obtaining the information required to complete this section, it may be possible for you to obtain information as to the ownership or occupancy of properties adjacent to your croft from Registers of Scotland or the Crofting Commission. Information obtained from Registers of Scotland will incur a fee. Further details of the services provided by Registers of Scotland and the Crofting Commission can be found on their websites: Registers of Scotland www.ros.gov.uk the Crofting Commission www.crofting-scotland
Note 11 - information in support of the application
Section 11 is a 'check list' that allows you to use the boxes provided to indicate what information you have enclosed under cover of your application. You should complete this section as it will help you to ensure that you have remembered to send the necessary documents, cheque etc. whilst providing a record to be kept by the Crofting Commission of the information presented in support of your application.
You should use the box provided to give details of other information that you have included with your application (using the 'Additional Information' section of the form as required).
You should pay by cheque, making your cheque payable to 'The Crofting Commission'.
Information on the fees chargeable in respect of an application for registration in the Crofting Register can be found in the Crofting Register (Fees) (Scotland) Order 2012.
Note 13 - additional information
You may insert here the details of any parties - for example, owner-occupier crofters - for which there is insufficient space elsewhere on the form. You may also use this section of the form to include any other information that you consider relevant to your application. If you are using this section of the form to provide additional information, you should clearly identify the section of the form to which this information relates under a separate heading, for example 'Name and Address of Owner-Occupier Crofter(s) continued' and/or 'Name and Address of Landlord(s)'. If necessary, you may use an additional sheet(s) of paper but these should be clearly linked to the principal application form, for example 'Additional Information relating to the application for First Registration of Croft [insert name of croft] continued'.