These notes relate to the completion of Form D (application for first registration of new common grazing).
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 common grazing. 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 common grazings.
Purpose of form
Form D should be completed when applying for first registration of new common grazing in terms of section 24(1)(a) of the Crofting Reform (Scotland) Act 2010. This scenario arises on the determination under section 51A(1) of the Crofters (Scotland) Act 1993 to constitute land as a common grazing.
The application should be submitted initially to the Commission, who will check the information against the Register of Crofts before forwarding it to the Keeper.
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.
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.
Note 2 - agent details (if applicable)
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 - new common grazing description
You should give the name by which the land is known, and the Parish in which it lies.
A plan showing the common grazing should be submitted with your application. 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'
Note 4 - details of crofts with a right in the common grazing
This field should be completed in respect of each croft that has been allocated a share in the common grazing. In each case, the address of the croft should be given.
Please indicate if at least one croft with an interest in the common grazing is registered in the Crofting Register by ticking the relevant box. Where the croft has already been registered in the Crofting Register, the Crofting Register Croft Number should be given.
In the case of a croft that has not been registered, you should provide details of the full name, address and postcode of the crofter or the owner-occupier crofter as applicable.
The crofter is a tenant 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 tenant should be inserted here for crofter. In the few cases where there are two crofters you should insert their names and addresses.
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 name and address 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 9 of this form ('Additional Information') to include the name and address of any additional crofter(s).
Note 5 - name and designation of others who hold a right in the common grazing
In some cases, shared rights in the common grazing may be held by owners or tenants who do not hold their land under crofting tenure. Where this is the case, the application form should include the name and address of each person who holds such a right.
You should tick the box provided if there is insufficient space in section 6 of the form and use section 9 of this form ('Additional Information') to include the name and address of any additional owner(s) or tenant(s) who hold a right in the common grazing.
Note 6 - information submitted in support of the application
Section 7 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 8 - 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 'Name and Address of Owner continued' and/or 'Name and Address of Owner-Occupier crofter(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 New Common Grazing [insert name of New Common Grazing] continued'.