Crofting Reform (Scotland) Bill 2009

21 December 2009

The much anticipated Crofting Reform (Scotland) Bill 2009 was introduced to Parliament on 10 December 2009. The draft bill had been published by the Scottish Government on 19 May and consultation on the draft was ongoing for much of the summer.

The bill’s origins can be found in the Final Report of the Committee of Inquiry on Crofting (the “Shucksmith Report”), which was published in September 2008, and which itself was born out of the stormy consultation following the publication of the Crofting Reform (Scotland) 2007.

The current bill differs significantly from its draft. It has been a matter of public knowledge since September that the proposed occupancy requirement, contained in Part 4 of the draft bill, had not been popular and consequently would not appear in the bill as introduced to Parliament. In addition, the provisions to establish area committees and to allow standard securities over croft tenancies did not come to fruition.

However, some of the draft bill has remained intact, including the provisions on the structure and identity of the Crofters Commission (which is to be renamed the “Crofting Commission”) and the procedure for electing and appointing Commissioners. Perhaps the most widely publicised provision is that which allows for the creation of a map based Crofting Register to replace the current Register of Crofts. The Registers of Scotland are to maintain the new Register, replacing the Crofters Commission, which maintains the current model.

The bill also tightens the Commission’s regulation of division and letting of crofts, absenteeism, decrofting and resumption, and provides much needed definitions of the terms “owner occupier”, “neglect” and “misuse”. “Landlord’s clawback” will now apply for a period of ten years, and short leases of up to ten years will be permitted of owner occupied croft land without establishing a croft tenancy or agricultural tenancy (or indeed any type of tenancy).

For the complete draft bill and explanatory notes published by the Scottish Parliament follow this link.  To discuss issues which affect you personally, please contact Eilidh Ross.