Rectification is the process used to correct a mistake in the Crofting Register.
A 'mistake' may include something mistakenly omitted or something mistakenly included on the register. That might mean, for example, a typographical error in the text of a registration schedule or a croft boundary being wrongly shown on the registration schedule plan.
The rectification process
The process for rectification depends upon how the mistake entered the register in the first place.
Where the mistake is a consequence of an error by the keeper when making up or amending a registration schedule then no formal application for rectification is required. An example of this sort of rectification might be where the keeper makes a spelling mistake in copying a name from the application form onto the registration schedule.
Where the mistake is a consequence of a mistake by the Crofting Commission (either (1) as applicant or (2) in forwarding an application) the application may be made by the Commission (in both cases) or the original applicant (in the second case).
Where the mistake is a consequence of a mistake by the applicant in their application for registration then the application for rectification is made by the applicant who submitted the original registration application.
If, after receiving the registration schedule for your croft, you believe a mistake has been made by the keeper in reflecting the information you submitted then you should contact the keeper directly at:
Crofting Register team
Registers of Scotland
153 London Road
If you consider that the mistake on the register stems from a mistake by the Commission or in your original application then you must request a rectification using Form F.
If you are unsure whether the mistake is one made by the Keeper or by the Commission then please use Form F. Even if that form is not strictly required the keeper will be able to rectify the mistake assuming that sufficient evidence is also submitted.
You should submit all evidence that you believe demonstrates a mistake in the register.
In particular all applications to rectify the registered extent of a croft must be accompanied by a plan showing the boundary (or boundaries) to be rectified. All plans must comply with the mapping criteria set out in our Crofting Register plans guidance.
Additionally applications seeking to make changes to the extent of a croft or to other key information in the schedule (such as the name of the crofter) should consider the following:
- The Keeper will expect the applicant to explain why the original application contained a mistake (or reasons why what was considered to be accurate at the time is now considered not to be accurate)
- Where the Keeper knows that other crofts or grazings are in the immediate vicinity she will expect the applicant to provide satisfactory evidence as to the views of other crofters etc. who may be affected
- Where the Keeper is satisfied that there is sufficient evidence to justify rectification she will (under Section 16(6) of the Crofting Reform (Scotland) Act 2010) replicate the notification done by the Commission at first registration stage - so that as many interested parties as possible are made aware of the requested change to the Crofting Register and have the opportunity to appeal the decision if they consider it to be wrong
Applicants should also be aware that rectification of a material inaccuracy (defined as the information set out in S11(2) of the 2010 Act) within the nine month challenge period following first registration of the croft will, in effect, restart the challenge period.
Where the croft schedule to be rectified was originally submitted as part a community application, the Keeper will expect the applicant to provide satisfactory evidence about the views of the person(s) who collated and submitted the agreed community plan.
On completion of a rectification the Keeper will issue an updated registration certificate to the applicant and the Crofting Commission.
The full rectification provisions, including indemnity in respect of loss, are set out in Section 16 of the Crofting Reform (Scotland) Act 2010.
Phone: 0131 659 4513