Common Grazings

Common Problems

Grazings Committees

Approx.1000 Common Grazings

352 (34%) with registered Grazings Committees

Why are so many Grazings Committees out of office and why did so many go out of office after the 2007

Act?

Answer:

Cost of ‘Public notification’!

Over £100 in some newspapers.

Legal advice:-‘ There are different procedures for appointing a grazings committee

depending on whether or not there is currently a grazings committee

in office.’

A new problem comes from the 2010 Act.

Sec.49A

Grazings Committees: duty to report

Sec.49A Grazings Committees: duty to report

(1) Each Grazings committee must report to the Commission on –

Sec.49A Grazings Committees: duty to report

(1) Each Grazings committee must report to the Commission on –

(a) the condition of the common grazing;

Sec.49A Grazings Committees: duty to report

(1) Each Grazings committee must report to the Commission on –

(a) the condition of the common grazing;

(b) the condition of every croft of a crofter sharing in the grazing;

Sec.49A Grazings Committees: duty to report

(1) Each Grazings committee must report to the Commission on –

(a) the condition of the common grazing;

(b) the condition of every croft of a crofter sharing in the grazing;

(c) the condition of every owner-occupied croft of an owner-occupier crofter sharing in the grazing;

Sec.49A Grazings Committees: duty to report

(1) Each Grazings committee must report to the Commission on –

(a) the condition of the common grazing;

(b) the condition of every croft of a crofter sharing in the grazing;

(c) the condition of every owner-occupied croft of an owner-occupier crofter sharing in the grazing;

(d) any other matter the Commission may require.

(2) Where the committee consider that –

(a) a crofter sharing in the grazing is not complying with a duty mentioned in section 5AA, 5B or 5C;

(b) an owner-occupier crofter sharing in the grazing is not complying with a duty mentioned in section 19C(2),

The report under subsection (1) must also include information on the matter.

(3) A report under subsection (1) may also include information on any other matter affecting –

(a) the common grazings;

(b) crofting in any township associated with the grazing;

As the committee consider appropriate.

(4) The first report under subsection (1) must be submitted as soon as reasonably practicable after the end of the period of 1 year beginning with the day section 38 of the 2010 Act comes into

force.

(5) Each subsequent report must be submitted as soon as

reasonably practicable after the end of each successive period of 5 years.

“We will not spy on our

neighbours…..

…. but we would like the Commission to know our concerns for our township”

Take a look at the sample form we have prepared.

Is it threatening?

How can it be made less threatening?

Your input as Assessors is important.