These notes relate to the completion of Form E (application for registration of a subsequent event affecting registered common grazing or land held runrig).
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/land held runrig. 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 the event affecting your common grazings or land held runrig.
Purpose of form
Form E should be completed when applying for registration of an event affecting registered common grazing/land held runrig in terms of section 25 of the Crofting Reform (Scotland) Act 2010.
The application should be submitted initially to the Crofting 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.
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.
Section 25 of the Crofting Reform (Scotland) Act 2010 provides the regulatory 'triggers' that require an application for registration to amend the entry in the Crofting Register for a registered common grazing. For example, the transfer of ownership of land on which a registered common grazing is situated to be registered. These 'triggers', as they are informally described in the Explanatory Notes to the Crofting Reform (Scotland) Act 2010, may equally be described as 'reasons for registration' or ' the reason why you are applying for registration in the new Crofting Register'.
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 - common grazing or land held runrig description
You should give the Crofting Register Common Grazing/Runrig Number, the Register of Crofts Number and specify the class of land-use to which the application relates (e.g. common grazing or land held runrig). You should also provide the common grazing/land held runrig name and the Parish in which it lies.
You should indicate if you have submitted a plan showing the common grazing/land held runrig with your application by ticking the relevant box. 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 - is there a change of owner of common grazing/land held runrig?
You should indicate whether there is any change to the ownership of the common grazing/land held runrig. The Registration Schedule will indicate who is currently shown as the owner(s).
Where a change requires to be made, you should provide the name and address of the owner (or of each owner, if more than one) who is to be deleted, and each new owner who is to be entered in the register.
You should tick the box provided if there is insufficient space in section 4 of the form and use section 11 of this form ('Additional Information') to include the name and address of any additional owner(s) of the common grazing that are to be deleted from, or added to, the Crofting Register.
Note 5 - application for enlargement of common grazing/land held runrig
This section should be completed where the common grazing has been enlarged, or application has been made for enlargement, under section 51 of the Crofters (Scotland) Act 1993. In such cases, the application must be accompanied by a plan reflecting the enlarged area. The plan 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 6 - application in relation to resumption of common grazing/land held runrig
This section of the form should be completed in the case of an application to register a resumption of common grazing/land held runrig, or where a temporary resumption has been extended or made permanent, or where resumed land is to convert to common grazing/land held runrig.
In the case of a new resumption, whether temporary or permanent, or the conversion of a resumed area to common grazing/land held runrig, a plan showing the affected land must be submitted. In the case of an extension of the duration of an existing temporary resumption (or a temporary resumption being made permanent), details of the authorisation and the relevant period of temporary resumption must be supplied.
Note 7 - application in relation to apportionment of common grazing/land held runrig
This section of the form should be completed in the case of a change to apportionment of common grazing/land held runrig.
In the case of a new apportionment (whether temporary or permanent) a plan of the affected land must be supplied. In the case of an extension of the duration of an existing temporary apportionment (or a temporary apportionment being made permanent), details of the relevant period of temporary apportionment must be supplied.
You should tick the relevant box provided to indicate whether or not you are applying to extend the period of a registered apportionment. If the answer to this question is 'yes' you should enter the existing reference on the Registration Schedule, supply the new end date and if the croft is registered, enter the Crofting Register Croft Number in the relevant boxes.
You should also tick the relevant box provided to indicate whether or not you are applying to end a period of a registered permanent apportionment. If the answer to this question is 'yes' you should enter the existing reference on the Registration Schedule and if the croft is registered, enter the Crofting Register Croft Number in the relevant boxes.
Note 8 - application in relation to transfer of rights in common grazing/land held runrig
This section of the form should be completed where there is a change to the shared rights in the common grazing/land held runrig. Full details of the transfer must be given, including details of the croft(s) which gain or lose rights. If any of the affected crofts is not registered, details of the crofter or owner-occupier crofter must be provided.
You should tick the box provided if there is insufficient space in section 8 of the form and use section 11 of this form ('Additional Information') to include the name and address of any additional crofter(s) or owner-occupier crofter(s).
This section should also be completed where rights are transferred to or from owners or tenants who do not hold their land under crofting tenure.
You should tick the box provided if there is insufficient space in section 8 of the form and use section 11 of this form ('Additional Information') to include the name and address of any person(s) who hold a right in common grazing/land held runrig whose details are to be removed or added to the Crofting Register.
Note 9 - information submitted in support of the application
Section 9 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 11 - 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 to be deleted 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 registration of a subsequent event affecting registered common grazing or land held runrig [insert name of Common Grazing/Land Held Runrig] continued'.