The Crofters etc. Building Grants (Scotland) Regulations 1990

Interpretation

2.—(1) In these Regulations unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them:–

“the Act of 1955” means the Crofters (Scotland) Act 1955;

“the Act of 1976” means the Crofting Reform (Scotland) Act 1976(1);

“cottar” has the same meaning as in section 28(4) of the Act of 1955;

“croft” has the same meaning as in section 3(1) of the Act of 1955;

“croft land” has the same meaning as in section 1(3) of the Act of 1976;

“crofter” means the tenant of a croft and includes a person deemed by virtue of section 22(6) of the Act of 1955 to be a crofter for the purposes of section 22(2) of that Act;

“grant” means such assistance by way of grant as is mentioned in section 22(2) of the Act of 1955;

“landlord” in relation to a crofter (other than a person deemed by virtue of section 22(6) of the Act of 1955 to be a crofter) has the same meaning as in section 37(1) of that Act and in relation to a cottar means the landlord of the site upon which is or is proposed to be erected, improved or rebuilt a dwellinghouse to which an application for grant or, as the case may be, a grant relates;

“owner-occupier” means–

(a)

the owner of a holding to which section 31 of the Act of 1955 applies who has applied for a grant or, as the case may be, to whom the Secretary of State has decided to make or has made a grant under subsection (1) of that section; or

(b)

a person who, after the passing of the Act of 1976 has applied for a grant or, as the case may be, to whom the Secretary of State has decided to make or has made a grant under section 22(2) of the Act of 1955 as read with section 12(1) of the Act of 1976 and who is —

(i)

a crofter who has acquired the site of the dwelling house on or pertaining to his croft; or

(ii)

the nominee of such a crofter, being a member of his family, to whom the site has been conveyed by the landlord of the croft; or

(iii)

a member of such a crofter’s family who has acquired the title to the site from that crofter or such nominee; or

(iv)

a cottar who has acquired the site of the dwellinghouse on or pertaining to his subject;

“statutory successor” has the same meaning as in section 37(1) of the Act of 1955;

“the recorded conditions” in relation to a dwellinghouse means the conditions set out in the notice recorded in relation to that dwellinghouse in the Register of Sasines in accordance with regulation 4 of these Regulations;

“the work” means erection, improvement or rebuilding towards which the Secretary of State has decided to make or has made a grant.

(2) In these Regulations any reference to the recipient of a grant includes a reference–

(a) in the case of a crofter, to any other crofter who becomes tenant of the croft whether as a statutory successor or otherwise and to any person who becomes owner-occupier of the croft;

(b) in the case of a cottar, to any person who succeeds him as tenant of the dwellinghouse in respect of which the grant in question is made; and

(c) in the case of an owner-occupier or a person deemed by section 22(6) of the Act of 1955 to be a crofter, to the heirs and successors whomsoever of the owner-occupier or of that person as the case may be.

(1)

1976 c. 21.