Registration of a subsequent event affecting a croft

These notes relate to the completion of Form B (application for registration of a Subsequent Event Affecting a Registered Croft).

Download Form B (897KB).

This form is designed to serve two functions.

First, it allows you to provide the information required by the Keeper of the Registers of Scotland to amend the Crofting Register to reflect changes to the extent of, or interests in, a croft.

Second, 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.

Failure to provide the required information could result in your application being returned to you, causing an avoidable delay to the registration of the event affecting your croft.

The fee referred to on the form covers amendment of the register. The fee is prescribed by the Crofting Register (Fees) (Scotland) Order 2012.

Details of the circumstances in which it is necessary to make an application for registration of a subsequent event to a registered croft are listed in the Annex together with the person who requires to make the application in each case.

Purpose of form

This form can be used if you wish to register an event affecting your registered croft.

For example, changes to the extent of, or interests in, that croft.

Only one application form is required if a single tenant, owner-occupier crofter, landlord or owner is being changed in more than one registered croft.

If this is the case, please tick the box in Section 3 of this form and enter the Croft Description details for each additional registered croft that requires amendment in Section 16 ('Additional Information') of this form. A separate fee is required for each additional croft.

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.

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 it is necessary to apply for the registration of an event that affects a croft already registered in the Crofting Register.

This ensures the register is amended to capture any changes in the extent of, or interests in, that croft.

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'.

They may equally be described as:

reasons for registration
the reason why you are applying for registration in the new Crofting Register

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 insert:

the Croft name
the Township
the Parish
Register of Crofts Number
Crofting Register Croft Number

Only one application is required if a single crofter, owner-occupier crofter, landlord or owner is being changed in more than one registered croft.

However a separate fee is required for each croft.

If this is the case, you should tick the box provided in this section of the form and repeat the process for each additional registered croft in section 16 ('Additional Information') of this form.

Note 4 - is there a change of crofter?

The crofter is a tenant within the meaning of section 3 of the Crofters (Scotland) Act 1993.

You should tick the relevant box to indicate whether there has been a change of crofter.

If the previously registered details of a crofter shown on the Crofting Register have changed, you should insert:

the name and address of the crofter to be deleted from the Register
the name and address of the new crofter that is to be added to the Register

In the few cases where there are two crofters you should insert the name and address of both.

You should tick the box provided if there is insufficient space in section 4 of the form and use section 16 of this form ('Additional Information') to include the name and address of any additional crofter(s) that are to be added to, or deleted from, the Crofting Register.

Note 5 - is there a change in the owner-occupier crofter(s)?

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.

You should tick the relevant box to indicate whether there has been a change in the owner-occupier crofters.

If the previously registered details of an owner-occupier crofter shown on the Crofting Register in respect of your croft have changed, you should insert:

the name and address of the owner-occupier crofter(s) to be deleted from the Register
the name and address of the new owner-occupier crofter to be added to the Register.
if there is more than one, the details of each owner-occupier crofter to be added to the Register

You should tick the box provided if there is insufficient space in section 5 of the form and use section 16 of this form ('Additional Information') to include the name and address of any additional owner-occupier crofter(s) that are to be deleted from, or added to, the Crofting Register.

Note 6 - is there a change in the landlord(s)?

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.

You should tick the relevant box to indicate whether there has been a change in the landlord(s).

If the previously registered details of a landlord shown on the Crofting Register in respect of your croft have changed, you should insert:

the name and address of the landlord(s) to be deleted from the Register
the name and address of the new landlord to be added to the Register
if there are more than one, the details of each landlord to be added to the Register

You should tick the box provided if there is insufficient space in section 4 of the form and use section 16 of this form ('Additional Information') to include the name and address of any additional landlord(s) that are to be deleted from, or added to, the Crofting Register.

Note 7 - is there a change of owner(s)?

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.

You should tick the relevant box to indicate whether there has been a change of owner(s).

If the previously registered details of an owner shown on the Crofting Register in respect of your croft have changed, you should insert:

the name and address of the owner(s) to be deleted from the Register
the name and address of the new owner to be added to the Register
if there are more than one, the details of each new owner to be added to the Register

You should tick the box provided if there is insufficient space in section 4 of the form and use section 16 of this form ('Additional Information') to include the name and address of any additional owner(s) that are to be deleted from, or added to, the Crofting Register.

Note 8 - is there any change to the common grazing/land held runrig?

You should tick the relevant box to indicate whether there has been a change to any interest in common grazing/land held runrig and insert details of the change.

Note 9 - does this application relate to decrofting?

You should tick the relevant box to indicate whether this application relates to decrofting.

If your application relates to decrofting you must enter the date that the decrofting direction was made and supply a plan showing that area.

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'.

An extract ordnance survey map can be supplied by the Keeper should this be required.

The fee for the provision of an extract of the ordnance survey map will be included in the Crofting Register (Fees) (Scotland) Order 2012.

Note 10 - does this application relate to resumption?

You should tick the relevant box to indicate whether this application relates to Resumption.

If your application relates to Resumption, in addition to completing this section of the form, you must submit a plan reflecting the area affected.

An extract ordnance survey map can be supplied by the Keeper should this be required. The fee for the provision of an extract of the ordnance survey map is £16 as proscribed by the Crofting Register (Fees) (Scotland) Order 2012.

You should insert the date the resumption was authorised. If the resumption is a temporary resumption you should provide details of the relevant period.

You should tick the relevant box to indicate whether this application is to extend the period of a registered resumption.

If the answer to this question is 'yes' you should confirm:

the existing reference on the Registration Schedule
the new date of authorisation
the relevant period

You should tick the relevant box to indicate whether this application is to convert a temporary resumption into an ordinary resumption. If the answer to this question is 'yes' you must:

confirm the existing reference on the Registration Schedule
provide the new date of authorisation

You should tick the relevant box to indicate whether this application is to convert resumed land to croft land.

If the answer is 'yes', you should:

supply a map of the area that is to be converted to croft land
provide the reference from the Registration Schedule map

You should complete the relevant box to indicate whether or not you are supplying a plan.

An extract ordnance survey map can be supplied by the Keeper should this be required.

The fee for the provision of an extract of the ordnance survey map is £16 as proscribed by in the Crofting Register (Fees) (Scotland) Order 2012.

Note 11 - does this application relate to apportionment?

You should tick the relevant box to indicate whether this application relates to apportionment.

If your application relates to apportionment, in addition to completing this section of the form you must supply a plan showing the area that is to be added or removed

You should tick the relevant box to indicate whether the apportionment relates to a new area, providing the end of the apportionment period and a plan showing the area to be added to the croft.

An extract ordnance survey map can be supplied by the Keeper should this be required. The fee for the provision of an extract of the ordnance survey map is £16 as proscribed by in the Crofting Register (Fees) (Scotland) Order 2012.

Note 12 - does this application relate to a division of a croft?

You should tick the relevant box to indicate whether this application relates to a division of a croft.

This will result in the creation of two new crofts.

If the answer is 'yes', you should supply a plan showing the area of the croft that is to be divided.

An extract ordnance survey map can be supplied by the Keeper should this be required. The fee for the provision of an extract of the ordnance survey map will be included in the Crofting Register (Fees) (Scotland) Order 2012.

Note 13 - does this application relate to the exchange of croft land?

You should tick the relevant box to indicate whether this application relates to the exchange of croft land.

You should also provide a plan that clearly shows the areas that are being exchanged.

If the answer to this question is 'yes', to allow this exchange of land to be reflected on the Register, you must supply the Crofting Register Croft Numbers for each of the crofts.

Note 14 - information submitted in support of the application

Section 14 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 remember to send the necessary documents 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 15 - authorisation

By completing this section of the form you will authorise Registers of Scotland to register a subsequent event in relation to your registered croft.

You are certifying for yourself and, where appropriate, on behalf of the person(s) whom you represent, that the information supplied on the form and associated plan(s) is correct to the best of your knowledge and belief.

The Keeper will issue a Registration Certificate as confirmation that the registration has been completed. Please indicate the email address to which you wish this certificate to be sent.

If you are signing the form on behalf of the applicant, you are required to insert your name and address in the box provided.

The 'For Official Use' box should be left blank as this will be completed by the Crofting Commission before they forward your application to Registers of Scotland.

Note 16 - additional information

You may insert here the details of any parties - for example, an owner - 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 'Change of Owner(s) (continued)' and/or 'Change 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 Registration of a Subsequent Event Affecting a registered Croft [insert Croft Description] continued'.

Annex

Persons responsible for applications registration of a subsequent event affecting a croft

When is it necessary to apply for registration of events affecting a Croft?

In order to ensure that any changes to the extent of, or interests in, a croft are reflected in the Crofting Register the following events in relation to a registered croft must be registered:

in the case of an owner-occupied croft, the transfer (whether or not for valuable consideration) of ownership of the croft;
in any case other than the case of an owner-occupied croft -

(i) the transfer (whether or not for valuable consideration) of the ownership of any land on which the croft is situated;

(ii) a change of landlord of the croft;

(iii) in any case, the taking, in relation to the croft, of any 'trigger event' mentioned in section 5(3) of the Crofting Reform (Scotland) Act 2010 ('the 2010 Act').

When is it not necessary to make an application for registration of events affecting a registered croft?

Section 5(2) of the 2010 Act provides that where first registration of a croft was 'triggered' by certain regulatory applications, there is no need for a separate application to amend the Crofting Register as a result of the outcome of the regulatory application. Instead, the applicant should notify the Crofting Commission of any resultant change to the croft. The Commission will then notify the Keeper of the Registers of Scotland who will amend the register accordingly. You should contact the Crofting Commission if you are in doubt as to whether this exception to the requirement to make an application for registration of events affecting a registered croft applies to you.

Who should submit an application for registration of a subsequent event to a registered croft?

In the case of the transfer of ownership of an owner-occupied croft or the land on which the croft is situated (whether or not for valuable consideration), the new owner is required to make the application for registration.

In the case of a change of landlord of the croft, by the person who is the new landlord.

In the case of a step mentioned in section 5(3) of the 2010 Act, by the person mentioned in the entry in column 2 of the Table set out below which corresponds to the entry to that step in column 1 of that table.

Step	Person
The enlargement of a croft as mentioned in section 5(3)(a)	The crofter who applied for the direction enlarging the croft under section 4(4) of the 1993 Act
The exchange of a croft as mentioned in section 5(3)(b)	The exchanging crofters jointly
The assignation of a croft as mentioned in section 5(3)(c)	The person to whom the croft is assigned
The division of a croft as mentioned in section 5(3)(d)(i)	Where - (a) the application for division was made by a crofter, the crofter; (b) that application was made by an executor under section 10(4A) of the 1993 Act, the executor
The division of a croft as mentioned in section 5(3)(d)(ii)	The owner-occupier crofter who applied for the division
The giving of a notice as mentioned in section 5(3)(e)	The person who gave notice in accordance with subsection(2) or (2A) of section 10 of the 1993 Act
The transfer of a crofter's interest in a lease of a croft as mentioned in section 5(3)(f)	The executor who gave notice under section 11(2) of the 1993 Act
The giving of authorisation as mentioned in section 5(3)(g)	The landlord who applied for that authorisation
The granting of an extension of the period for which resumption of a croft is authorised as mentioned in section 5(3)(h)	The landlord who applied under section 20(1C) of the 1993 Act for that extension
The making of a determination as mentioned in section 5(3)(i)	The landlord who applied for that determination
The making of an order as mentioned in section 5(3)(j)	The person who applied for that order
The letting of the croft as mentioned in section 5(3)(k)(i)	The landlord who applied for approval to the letting
The re-letting of the croft as mentioned in section 5(3)(k)(ii)	The landlord whose proposals for re-letting were approved under section 23(5ZB) of the 1993 Act
The letting of the croft as mentioned in section 5(3)(k)(iii)	The person to whom the croft is let
The letting of the croft as mentioned in section 5(3)(k)(iv)	The person to whom the croft is let
The making of a direction as mentioned in section 5(3)(l)	The landlord who applied for the direction
The division of a croft as mentioned in section 5(3)(m)	The Commission
The letting of a croft as mentioned in section 5(3)(n)(i) or (ii)	The person to whom the croft is let
The preparation of a reorganisation scheme as mentioned in section 5(3)(o)	The Commission
The apportionment of a part of a common grazing as mentioned in section 5(3)(p)	The crofter who applied for the apportionment
The bringing to an end of an apportionment as mentioned in section 5(3)(q)	The person who applied under section 52(12) of the 1993 Act

Note: This Table is reproduced from Schedule 2 of the Crofting Reform (Scotland) Act 2010 and lists those who are responsible in relation to each regulatory 'trigger event' in section 5(3) for applying to amend the registration details of a registered croft.

All references to statutory provisions in this Table are to the Crofting Reform (Scotland) Act 2010 unless otherwise stated.

References to 'the 1993 Act' are to the Crofters (Scotland) Act 1993.