Statutory Instruments of the Scottish Parliament

"the Act" means the Land Reform (Scotland) Act 2003;

"crofting community body" has the same meaning as in section 71 of the Act.

(a) Please show the crofting community in relation to the land for which consent to purchase is sought and provide a suitable map or plan which identifies those individual households of members of the crofting community resident in the township of the crofting community. This should be to an appropriate scale and derived from an Ordnance Survey map.

(b) Please provide a complete list of all those who were eligible to vote in the ballot.

(c) Please indicate which of these members are crofters and identify their croft (complete on a separate sheet if necessary).

(d) Please identify with names and current addresses those crofter members of the crofting community who reside outwith the township(s) associated with the eligible croft land to which the application relates and give the distance from the township (being no more than 16km) at which they reside.

(e) Please confirm that the membership of the crofting community as given by the crofting community body in this application is that which was eligible to take part in the ballot notified to Scottish Ministers under section 75(4) of the Act.

(f) Please explain the connection between the crofting community as identified above and the land for which consent to purchase is sought.

     4. Details of eligible croft land or sporting interests for which consent to purchase is sought (see Note 2)

(a) Please provide a map or maps showing the location and boundaries of the land or sporting interests in respect of which the right to buy is to be exercised.

(b) Please detail the number of maps/drawings enclosed and give a description of each.

(c) Please provide the following location details of the land-

     County in which the land is located;

     Postcode details;

     OS Grid Reference Number;

(d) Please provide a written description of eligible croft land, eligible additional land or sporting interests (complete on a separate sheet if necessary).

(e) Does the person who owns the eligible croft land own the mineral rights associated with this land?      YES/NO

(f) Do you wish to acquire these rights as part of this application?      YES/NO

(g) Does the person who owns the eligible croft land own the salmon fishings on or contiguous with this land?      YES/NO

(h) Do you wish to acquire these salmon fishings as part of this application?      YES/NO

(i) Is this an application to acquire mineral rights or sporting interests on or salmon fishings on or contiguous to eligible croft land which is either the subject of another application or which has been acquired previously through the exercise of a crofting community right to buy under the provisions of this Act?      YES/NO (See Note 3).

(j) If the answer is YES please provide sufficient information to enable us to identify that other application or previous acquisition and to confirm that these mineral rights or sporting interests are on or those salmon fishings are on or contiguous to the relevant croft land (See Note 4).

(k) If that relevant land was acquired previously through the exercise of a crofting community right to buy under the provisions of this Act please indicate the date on which that purchase was completed.

(l) Please explain why you consider all of the land or sporting interests constitutes eligible croft land, eligible additional land or eligible sporting interests and why you believe that all of this land or these eligible sporting interests is owned by the landowner referred to in paragraph 6 below. (Relevant evidence to support this explanation should be attached with this application).

     5. Eligible additional land

Does the land described in Answer 4 include any eligible additional land?

YES/NO

If YES, give a detailed description of that land, and supply a map or plan to a suitable scale to show all relevant features, exceptions and boundaries clearly. This should demonstrate the extent to which the additional land is contiguous to the eligible croft land. (See Note 4).

     6. Details about the landowner (see Note 5)

Title:

Name:

Address:

Postcode:

Landowner's Agent/Representative:

     7. Sporting interests

Do you wish to offer the sporting interests in the land to which this application relates for lease back to the current owner of the land in the event that this application is approved?

YES/NO

     8. Proposed use etc.

State the proposed use, development and management of the subjects of the application (use separate sheet if necessary).

     9. Boundaries and services on contiguous land

(a) Will the proposed use, development or management interfere with any sewers, pipelines, watercourses, fences, dykes, ditches or other boundaries insofar as these connect with similar facilities on other contiguous land or also serve other contiguous land?      YES/NO

     If YES, give details.

(b) Is it likely that the present owner of the eligible croft land or any third party will require access over the land relating to this application to reach other property or the right to access services (water, electricity and drains)      YES/NO

     If YES, give details.

(c) Please identify any other land owned by the owner of the eligible croft land and any business on such land that may be liable to be affected if this application is granted.      YES/NO

     If YES, give details.

     10. Sustainable use or development

State the extent to which the proposed use, development or management of the property to which this application relates would consist of or support the sustainable use or development of that property and any land or sporting interests previously acquired by the crofting community body.

     11. Ballot result

Is notification to Scottish Ministers of the results of the ballot held under section 75 of the Act enclosed with the application      YES/NO

If NO, please indicate when it was sent to Scottish Ministers (see Note 6)

     12. Public interest

Provide an explanation as to why you consider that the approval of your application would be in the public interest.

     13. We apply to purchase the croft land specified at Question 4 above. We certify that the information supplied in this application is correct to the best of our knowledge and belief.

Title of Chairperson:

Name of Chairperson:

Signature:

(a) any person who is a member of the crofting community defined in relation to the applicant crofting community in pursuance of section 71 of the Act;

(b) the owner of or, as the case may be, person entitled to the subjects of the application;

(c) any other person who has any interest in the land or sporting interests giving rise to a right which is legally enforceable by that person;

(d) the owners of all land contiguous to land which consists of the subjects of the application;

(e) the Crofters Commission; and

(f) any other person whom Scottish Ministers considered to have an interest in the application under section 73(8)(a) of the Act.

     3. A decision of the Scottish Ministers to refuse an application may be appealed by summary application to the Sheriff by the applicant crofting community body.

     4. A decision of the Scottish Ministers to consent to an application has the following consequences-

(a) Scottish Ministers will within 7 days appoint a valuer of the croft land to be acquired;

(b) the owner of the croft land is required to make available to the crofting community body the title deeds of the land to be acquired within 6 weeks of the consent by Scottish Ministers;

(c) in the event that the application proposed that there could be a leaseback of the sporting interests to the owner, the current owner has notified Ministers that he wishes a lease back and Ministers have not been provided with a copy of an agreement on the terms and conditions of the lease then, within 7 days, Ministers will refer the question of what terms and conditions are appropriate to the Land Court so that the Court may determine these terms and conditions;

(d) any rights of pre emption, redemption or reversion or deriving from any option to purchase are suspended as from the date of Ministers' approval and are revived either when the transfer of the land is completed, or if such a transfer is not completed because the crofting community body does not proceed with the purchase.

     5. A copy of the Scottish Ministers decision-

(a) will be lodged in the Register of Crofting Community Rights to Buy to be held by the Crofters Commission and will be available for public inspection;

(b) will be sent to-


(i) the owner of the land, or as the case may be, the person entitled to the sporting interest to which the application relates;

(ii) every other person whom Ministers invited to give views on the application;

(iii) in the case of a decision to consent to the application to the Keeper of the Registers of Scotland.