Benefits of Regulated
Common Grazings
Archie Macnab
Head of Land Use and Regulation
Regulation
• Definition
• Five key principles
– Transparent
– Accountable
– Proportionate
– Consistent
– targeted
Legal Status of Shareholder
• secure legal rights of occupation and
use of common grazings as part of their
croft tenancy.
• the rights of crofting tenants in
community owned common grazings
enjoy the same protection afforded to
both in-bye croftland and common
grazings by successive Crofters Acts.
Legal Basis for Regulations
• The Crofters Common Grazings
Regulations Act 1891
• Crofters (Scotland) Act 1955
Grazings Committee
• To make and administer with a view to
due observance Grazings Regulations
• To maintain, provide and replace fixed
equipment
• To carry our works of improvement
• To carry out and implement approved
purposeful use
Regulations
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The extent of the grazings
The role of grazings committee
The number of shares
The stock each shareholder is allowed
Recovery of expenses
Cutting peats
New Provisions
• Create new common grazings
• Joint venture with owners to develop
woodlands
• Other use of the grazings
• Breach of Grazings Regulations
• Township Reports
Breach of Grazings
Regulations
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Consider by the Crofters Commission
Order to make good any damage
Suspend the person’s share
Make a single extension of time to make
good any damage
• Terminate the person’s share
• Apportion the share or part to other
shareholder(s)
Township reports
• The Condition of the common grazings
• The condition of every croft of every
crofter sharing in the grazings
• The condition of every owner occupied
croft by an owner occupier sharing the
grazings
• Any other matter the Crofting
Commission may require
Common Grazings
• About 1000 common grazings
• Approx 900 regulated
• 550000 Ha
Regulated Grazings
• 877 regulate grazings
– 509 with committees
– 368 without committees
• This equates to 42% of townships
having no valid regulations
• Review of the current system
Modernisation
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Community ownership
Introduction of new duties
Changes in agri-support systems
New uses for common grazings
Challenges
• No one to implement the Regulations
• Cannot manage bank account
• Commission cannot consult with the
township
• Public bodies cannot engage with the
township
The Future
• Address the lack of engagement
• Modernising the legal framework and
governance arrangements.
• Grazings Committees be allowed to
claim Single Farm Payment
Discussion Topics
• Address the lack of engagement by
shareholders in the management of common
grazings, at the same time as modernising
the legal framework and governance
arrangements.
• Place the value of common resources within
the wider context of local social, economic
and environmental development with a view
to retaining any benefits both existing and
future within in the local economy.
Two Questions
• What can the Commission do; and
• What can the crofters/shareholders do
to achieve this?