Extension of Period of a Termed Apportionment

What is an Application for Extension of Period of a Termed Apportionment

This application is for the use of a crofter, who has been granted an apportionment for a fixed time period (a term), to apply to the Commission for an extension of the termed period.

Who can apply?

Crofters with termed apportionments

Things to consider

• Any application for an extension must be made before the date the apportionment is due to end, as an extension cannot be granted once the term has expired
• This application form cannot be used to review an apportionment. If you are applying for a review of an apportionment, please use the form titled ‘Application for Review of Apportionment of Common Grazings’.
• Please note that this application form cannot be used to seek to convert a termed apportionment to a permanent apportionment. There is no provision in crofting legislation to do this, only to apply to extend the termed period.

To find the correct form you need, please refer to the form finder.

How do I apply?

To apply to the Commission for an ‘Extension of Period of a Termed Apportionment,’ please complete the Application for Extension of Period of a Termed Apportionment Form

You must include a copy of the Apportionment Order and map with your application.

If there are any inconsistencies between the application and the Register of Crofts, or if the application is not completed correctly, we will be unable to process your application.

You can submit your application online or by post. The application form and guidance notes can be accessed via our form finder.

How long will my application to Extend the Period of a Termed Apportionment take?

Once the Crofting Commission has received your completed application, we will check to make sure that you have completed the correct form and submitted all the required information. If you have not submitted everything correctly, you will be made aware, and will have a specified amount of time to submit the information requested.
We will consult with the grazings committee, and the owner(s) of the common grazings when considering your application.  We may decide a report needs to be prepared by the ‘Scottish Government Rural Payments and Inspections Directorate’ (SGRPID) office, situated in the locality of the common grazings, to help the Crofting Commission to reach a decision.

For straightforward cases where there are no objections from the Grazings Committee and/or the owner(s) of the common grazings, we will try to make a decision on your application within 16 weeks.

Please refer to How we make decisions on applications for more information.

What happens after a decision is taken?

On reviewing applications for Extension of Period of a Termed Apportionment the Crofting Commission, may:
•   Grant the extension applied for
•   Refuse to grant the extension
If the extension is granted, the Crofting Commission will issue an Order extending the term of the apportionment for a specified period of time.  The Commission will give notice of its decision to the applicant and other interested parties, within 21 days of the decision being taken, specifying the reasons for its decision

If the apportionment relates to a registered common grazing, a" Subsequent Event Form E" together with the £90 fee payment, must be submitted by the applicant to the Commission within 3 months beginning on the date when the period was extended. Information about this will be included the letter we send to you and the other involved parties notifying you of the Commission’s decision. 

The Crofting Commission will check and process the " Subsequent Event Form E" application and send this to Registers of Scotland to record the extension of the apportionment on the Crofting Register. It is important to note the time limit for the submitting the Registers of Scotland Form E is set by law and the Crofting Commission cannot extend this.  Failure to submit the Subsequent Event application form, within the relevant timescales, means that the Crofting Commission decision to grant an extension to the apportionment ceases to have effect. It will therefore be necessary to re-apply to the Crofting Commission for an Extension of Period of a Termed Apportionment

If the apportionment is registered on the Registers of Scotland Crofting Register but the common grazing to which it relates is not, we will send a copy of the new Order extending the term of the apportionment to the Keeper of the Crofting Register.

The Crofting Commission’s decision can be appealed to the Scottish Land Court within 42 days from the date the Commission notify you and the other interested parties of its decision.

Please refer to the Appeals page for more information. 
 

Further Information

Law Policy and Procedure, Extention of a Termed Apportionment