APPENDIX VII
RURAL STEWARDSHIP SCHEME
GUIDANCE NOTES FOR COMMON GRAZINGS CLERKS AND COMMITTEES
Under the provisions of the Crofters (Scotland) Act 1993, a Committee may initiate an environmental scheme for the improvement of the grazings. They must also consider proposals submitted to them by a shareholder or group of shareholders in the grazings.
When considering participation in an environmental scheme, the Committee should carefully follow the procedure set out below:
1. Before putting forward proposals to shareholders, it is recommended that the Committee reach a decision on the feasibility of the scheme. To assist them in this decision, they should seek appropriate advice on such matters as siting, agricultural/environmental merits, probable costs of the scheme and benefit to the shareholders.
2. The Committee must serve on every shareholder (including any absentees) notice in writing of the proposed scheme. As full details as possible should be given, together with a sketch plan, proposed allocation of estimated expenditure among the shareholders, any proposed restriction in the use of the common grazings, and any benefit accruing to the shareholders. (To assist Grazings Clerks, copies of a specimen letter to notify shareholders may be obtained from the Crofters' Commission in Inverness).
3. Shareholders must also be advised that if for any reason they object to participation in the scheme and/or the proposed allocation of costs or restrictions in the use of the common grazings, they may within one month of the date of such notice, make representations to the Crofters' Commission in Inverness.
4. In all cases of improvement, a copy of the Notice to shareholders setting out the Committee's proposals, together with a copy of any sketch plan and other related documents, should be sent to the Crofters' Commission for recording.
5. Where a croft or share in the grazings is sublet, notice must be served on both the principal tenant and the subtenant, who should agree in writing any appropriate changes to the subletting agreement, detailing the responsibilities of the subtenant, for as long as the subtenancy subsists.
6. No application should be made to the local SEERAD office for participation in the Scheme until at least six weeks after the issue of the Notice to shareholders, or, if representations have been received, until the Commission's approval of the proposals has been obtained.
7. If representations are lodged, it is then for the Commission, having made any further necessary enquiries, to exercise their discretion in approving, modifying or rejecting the proposals or proposed allocation of costs.
8. If there are no representations, the Committee may make application to their local SEERAD office to participate in the Rural Stewardship Scheme.
A leaflet summarising the provisions relating to "Improvement of Common Grazings" can be obtained from your local SEERAD office or the Crofters' Commission in Inverness.