S17.15 Notices - Croft House Grant (Scotland) Regulations

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Apr 01, 2016
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Scottish legislation has contained provision for government grants to crofters for over sixty years. The current scheme of grants is based on s42 of the Crofters (Scotland) Act 1993, as amended by the Crofting Reform (Scotland) Act 2007, and the Croft House Grant (Scotland) Regulations 2016. These regulations revoke and replace the Croft House Grant (Scotland) Regulations 2006. However, the 2006 regulations still apply in certain situations, as explained below.

The 2006 regulations provide for the following two types of notice to be registered or recorded:

  • Notice of Payment of Grant

NOTICE OF PAYMENT OF GRANT of £4567, by SCOTTISH MINISTERS to JOHN SMITH, Smith House, Smithton, in respect of croft known as SMITH HOUSE, SMITHTON, BURRA, the present landlord thereof being SHETLAND ISLAND COUNCIL, Greenhead, Lerwick, containing conditions to be observed for 10 years from 30 Jul. 2008. Dated 23 Jun. 2010.

  • Notice of Cesser of Conditions of Grant

NOTICE OF CESSER OF CONDITIONS OF GRANT - whereby SCOTTISH MINISTERS give notice that as from [date], the conditions in Notice of Grant of £4567 recorded 1 Jul. 2010 ceased to apply to croft SMITH HOUSE, SMITHTON, BURRA, the present landlord thereof being SHETLANDS ISLAND COUNCIL, Greenhead, Lerwick. Dated 9 Jul. 2015.

Notices under the 2006 regulations must be in self-proving form (i.e. signed by an officer of the Scottish Ministers and witnessed).

The 2016 regulations provide for the following two types of notice to be registered or recorded:

  • Notice of Conditions of Grant

NOTICE OF CONDITIONS OF GRANT in accordance with the Croft House Grant (Scotland) Regulations 2016 of £4567 by SCOTTISH MINISTERS to JOHN SMITH, Smith House, Smithton, Burra, in respect of croft known as SMITH HOUSE, SMITHTON, BURRA, the present landlord/owner-occupier crofter being SHETLAND ISLAND COUNCIL, Greenhead, Lerwick, containing conditions to be observed for 10 years from 1 Sep. 2016. Dated 1 Sep. 2016.

  • Notice of Cessation of Conditions of Grant

NOTICE OF CESSATION OF CONDITIONS OF GRANT in accordance with the Croft House Grant (Scotland) Regulations 2016 by SCOTTISH MINISTERS to JOHN SMITH, Smith House, Smithton, Burra, in respect of croft known as SMITH HOUSE, SMITHTON, BURRA, the present landlord/owner-occupier crofter being SHETLAND ISLAND COUNCIL, Greenhead, Lerwick, providing that the conditions specified in the Notice of Conditions of Grant recorded in the Register of Sasines cease to apply to said croft. Dated 15 Dec. 2020.

Notices under the 2016 regulations need only be subscribed by the Scottish Ministers (i.e. signed on their behalf). Witnessing is not needed.

The 2006 regulations continue to apply where an application for a grant was made to the Scottish Ministers before 1 April 2016. This means that where a Notice of Payment of Grant in terms of the 2006 regulations was recorded, a Notice of Cessor of Conditions of Grant (i.e. the form prescribed in the 2006 regulations) should be used. Any applications for grants to the Scottish Ministers on or after 1 April 2016 will result in the use of notices in terms of the 2016 regulations. However, the responsibility for making sure that the correct form has been used lies with the solicitor who has submitted the application for recording. That said, if you have concerns about the style of a particular notice that has been presented for recording, please refer it through the usual channels.

 

Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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