New legislation to support crofters and establish Scottish Land Court

The bill introduces a new process for fast-tracking the transfer of a croft between family members, strengthens the role of grazing committees sharing common land, halts the separation of crofts and grazings shares except with commission consent, and gives crofters a greater say in how the land they work on is used. 

It streamlines the Crofting Commission’s duties enforcement processes and gives them new powers to protect croft land.

The bill also commits Scottish ministers to begin a review of wider crofting legislation in the next three years. It will also bring in new powers which could be used to regulate the transfer of owner occupier crofter status bringing processes in line with requirements for tenant crofters. 

The Scottish Land Court and the Lands Tribunal for Scotland will be amalgamated to create one body, the Scottish Land Court, “retaining the identity and distinctive nature” of the Scottish Land Court, including the statutory requirement for a Gaelic speaking member.

Agriculture minister Jim Fairlie said: “Crofting sits at the heart of the culture and heritage of the Highlands and Islands, sustaining many  communities, and supporting the jobs and businesses for many people. At its heart this bill is about tackling the modern challenges faced by crofters.

“This is needed if we want to ensure the sustainability of crofting and crofting communities in the long-term and enable a new generation of crofters to thrive for years to come.

“Creating an expanded Scottish Land Court will provide crofters and Scotland’s rural communities with a simpler and more coherent system for resolving disputes.”