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Assessor Seminar

22 November 2012

Hugh Welsh

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Content of the Crofting Register

(1) A description of the land which comprises the croft - must consist of or include a description of it based on

the ordnance map or such other map as the Keeper considers appropriate.

(2) The name and designation of, as the case may be – - any tenant of the croft- any owner-occupier crofter of the croft- any landlord of the croft- any owner of the croft

(3) Such other information as the Keeper considers appropriate.

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Application Forms Consultation

• Forms developed in partnership, ROS and CC

• Consultation launched 10th July, concluded 17th August

• Included details of 7 forms and the accompanying guidance

• Plus guidance for preparing croft plans

• 5 responses received

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Application Forms ConsultationCommon Themes

• Merge RoS and CC forms– Simplify/avoid duplication– Applicant signs only once

• Revise guidance notes; e.g. Clarification of Party definitions, particularly Owner

• Develop FAQs

• CC only information (date of birth) to be redacted prior to form going to RoS

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Crofting Reform (Scotland) Act 2010

• An application for registration must not be accepted by the Keeper if:– (a) it relates to a croft which is not sufficiently described to

enable the Keeper to identify it by reference to the ordnance map or such other map as the Keeper may require.

– (b) the information otherwise contained in or accompanying it would not enable the Keeper to make up or, as the case may be, amend the registration schedule of the croft.

– (c) in a case where the application relates to a registered croft, the application does not bear a reference to the registration schedule of that croft.

– (d) payment of the fee payable in respect of such registration has not been tendered.

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Application Lifecycle Voluntary RegistrationApplicant completes the

Crofting Register form and sends fee & form to CC

CC approves form and confirms info consistent with

Register of Crofts

CC sends form/map/fees to RoS for registration

RoS if content updates Crofting Register & issues certificate to

applicant/CC

CC notify interested parties of the 9 month challenge period &

applicant publishes notices

Successful appeal to Land Courts who send judgement to

RoS to update Crofting Register - no fee applications

created and certificates issued

RoS make consequential amendments to common

grazings/other croft titles by creating applications for no fee

Applicant can appeal to Land Courts at any time

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First Registration of Existing CroftApplicant completes the Crofting Register form

and sends fee & form to CC

CC approves form and confirms info consistent with Register of Crofts

CC sends form/map/fees to RoS for registration

RoS if content updates Crofting Register & issues certificate to applicant/CC

RoS make consequential amendments to common

grazings/other croft titles by creating applications for no fee

CC notify interested parties of the 9 month challenge period & applicant publishes notices

Successful appeal to Land Courts who send judgement to RoS to update Crofting Register -

no fee applications created and certificates issued

Applicant completes the Regulatory form and sends fee & form to CC

CC may not grant consent unless application for First Registration of the

croft is submitted within 6 months

CC rejects regulatory application FR stands no need

to notify RoS

CC if approved regulatory event sends electronic form to RoS to update Crofting

Register & make any consequential amendments - applications created no fee

RoS issues certificate to applicant/CC/new crofter

Applicant can appeal to Land Courts at any time

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Subsequent Event Registered Croft

Applicant completes the Regulatory form and sends to CC

CC makes regulatory decision

Yes No Applicant can appeal to Land Courts at any time

Applicant has period of time to submit application to Crofting Register

Applicant completes Crofting Register form and send fee & form to CC

No application submitted within period - regulatory application

falls

CC sends form/map/fee to RoS for registration

RoS if content updates Crofting Register and issues certificate to applicant and CC

RoS make consequential amendments to common

grazings/other croft titles by creating applications for no fee

No 9 month challenge period

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ros.gov.uk Recording and safeguarding your rights

ros.gov.uk Recording and safeguarding your rights

ros.gov.uk Recording and safeguarding your rights

ros.gov.uk Recording and safeguarding your rights

Online Crofting Register

• Register updated overnight• Accessed via a URL• Free• Anonymous• No password or licence required

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Online Register - Homepage

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Search Map

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Search Map

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Search Map

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Search by Gazetteer

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Search Register

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Registered Parties

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Associated Common Grazing/Runrig

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Referenced Areas

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Contact

• Hugh Welsh• Project Manager• Registers of Scotland• Hugh.Welsh@ros.gov.uk• Ros.gov.uk