Key Features of The Crofting Reform (Scotland) Act 2010

The Crofting Reform (Scotland) Bill was passed by the Scottish Parliament in 2010. The Act will come into force on such date or dates as the Scottish Ministers may appoint. For further details of provisions coming into force in 2011, please see our Client Briefing.

The key features of the new Act are the reorganisation of the Crofters Commission, the establishment of a new Crofting Register, and changes relating to the duties of crofters. There are also a number of significant amendments to the 1993 Act.

The Crofting Commission

The Crofters Commission will be renamed the “Crofting Commission” and will have a more regulatory role. The Commission will become a key agency under planning legislation and will have to report to the Scottish Ministers annually on performance.

The Crofting Register

Part II of the Act makes provision for a new Crofting Register, which will be maintained by the Keeper of the Registers of Scotland. The new register will be based on the Ordnance Survey map and will relate not only to individual crofts but also to common grazings. Various events will trigger an application for first registration, including transfer of title or tenancy, or any event affecting status, for example, resumption.

Applications for registration will be checked by the Commission before being sent to Registers of Scotland for processing. Interested parties such as the landlord or neighbours will have to be notified of the application, and any party wishing to challenge an application will have a right of appeal to the Scottish Land Court.

The move to a plan based register of crofts marks a significant change from the current system, which does not make use of plans. There will clearly be cost implications relating to first registrations, and in addition, failure to register trigger events will become an offence.

Duties of Crofters

Croft tenants and owner–occupiers will be subject to stricter controls relating to the use of their crofts. The duties are:-

• To be resident within 32km of the croft (unless Commission consent has been sought for absence);
• To ensure the croft is cultivated or put to some purposeful use;
• To ensure they do not misuse or neglect the croft.

The Commission will have increased powers to investigate breach of these duties, and this will include power to terminate a tenancy or re-let a croft. There will be a new duty imposed on Grazings Committees to report breaches of these duties to the Commission.

Amendments to the 1993 Act

The following provisions relating to the nominee procedure and landlord’s clawback will come into force on 1 July 2011:

• Nominee sales to third parties will no longer be possible. A purchasing crofter will only be able to nominate a member of his family to take title. This provision will not affect applications made to the Scottish Land Court prior to 1 July 2011.
• The clawback period during which landlords who have sold croft land may share in any increase in value will be extended from 5 years to 10 years. This will not affect orders of the Scottish Land Court issued before 1 July 2011.

For further details relating to the nominee procedure and landlord’s clawback, please see our related Client Briefing.

For more information on the 2010 Act and how it may affect your particular circumstances, please contact Gail Jamieson or David Findlay.

Disclaimer: The information in this publication is based on our current understanding of the law. It has been produced for information purposes only. Professional advice should always be sought before taking any action.

Macleod & MacCallum cannot take any responsibility for loss incurred through acting or failing to act on the basis of anything contained in this publication.