Grazings Guidance for Committees and Shareholders
The common grazings guidance recently issued by the Crofting Commission is, at first glance, rather difficult to digest. You may feel that sinking of the heart commonly experienced when reading of bureaucratic procedures and practices. However, stick with it, and you will be rewarded later in the document.
The Commission have had their troubles in recent years with common grazings, their committees, constables and regulations, and the grazings guidance feels like an attempt to move the organisation on to pastures greener (awful pun intended, sorry).
The intention of the grazings guidance is to help both committees and shareholders. Until now, there has been only the law itself, and the grazings regulations (produced by the Commission). Having detailed but accessible guidance will hopefully be a great support to those who use common grazings.
Productive and harmonious common grazings committees rely on goodwill on the part of office bearers. Large chunks of time are donated for no return, with clerks and / or members becoming the go-to people in the township for everything from organising meetings to dealing with disputes and dead sheep. The problems of the last few years have, in my experience, left many committees and clerks feeling vulnerable, and this guidance will hopefully go some way to countering those feelings by giving committees confidence that they know what is expected of them, and knowledge to help them live up to those expectations.
The grazings guidance fleshes out the regulations, for example by recommending that 10 days’ notice should be given when organising a meeting to elect a new grazings committee, and to encourage committees coming to the end of their term to re-elect before the current term expires. A list of the duties expected of a clerk is provided, and it is reiterated that a clerk may be remunerated for their work, and may or may not be a shareholder themselves.
Another useful point, for example, is that while shareholders are (obviously) entitled to attend an AGM, a meeting to elect a committee, or a general shareholders meeting, they are not entitled to attend a meeting of the grazing committee, and any invitation is voluntary.
One point which I did not see in the document itself, which the Commission may assume is common knowledge (but in my experience is not) is that if a common grazings is not regulated (involving electing a committee and adopting regulations), the shares in that grazing, which are considered to be a pertinent of each shareholder’s croft, will not necessarily appear on the Register of Crofts or the Crofting Register. Another very good reason, if you need one, to get organised and regulate your grazings.
The sections of most help to crofters will likely be those relating to finances. The fairly comprehensive advice relating to the propriety of the clerk being paid, and of keeping a slush fund for booking village halls, postage etc will be useful to many committees, and confirmation that it is in order to deduct from grant, sales or other income any levies to cover ongoing maintenance and improvement costs, will be a relief. There is even an example (page 12) of how to distribute resumption monies on the correct basis, i.e. according to the individual soumings.
Information relating to muirburn, peat cutting, collection of seaweed and the purchase and management of township bulls and tups will also be useful. These practices may not be widespread these days, but they remain an important part of crofting for many townships.
There is a helpful paragraph on the control of dogs, and there is no escape from the GDPR, even for grazing committees.
I regularly advise common grazing committees, clerks, sheep stock clubs and individual shareholders. If you need help with a crofting matter, drop me an email (eilidh@camus.scot)or call me on 07876 513404.
