The Scottish Government published the Crofting and Scottish Land Court Bill on 2 June. In our first blog we looked at the crofting provisions of the Bill and in our second blog we looked at the proposed merging of the Scottish Land Court and the Lands Tribunal for Scotland.
Now that the Bill has completed Stage 3, with a vote on 24th March 2026, we can refresh what the Bill proposes in relation to the proposed expansion of the Scottish Land Court, and what landowners, tenants and practitioners can expect as the new framework moves towards commencement.
Confirmation of an expanded Scottish Land Court
As passed, the Bill confirms the policy intention first set out in the original proposals which was for the functions and jurisdiction of the Lands Tribunal for Scotland to transfer to an expanded Scottish Land Court. The result will be a single, unified specialist court dealing with a broad spectrum of land‑related matters, ranging from traditional agricultural and crofting disputes to compulsory purchase compensation, land registration references and community right‑to‑buy appeals.
The passage of the Bill brings to an end decades of discussion around the amalgamation of the two bodies. While the Lands Tribunal and the Land Court have long operated closely in practice- sharing premises and administrative arrangements- Stage 3 has now confirmed a structural merger as a matter of statute. Once the legislation is enacted, the Scottish Land Court will become the primary forum for many types of technical land dispute in Scotland.
Jurisdictional changes and practical impact
The additional jurisdictions identified earlier in the Bill’s progress have been retained at Stage 3. This includes the transfer to the Court of a number of historically significant but little‑used jurisdictions currently exercisable by the Sheriff Court, such as disputes under the March Dykes Acts, the Runrig Lands Act and the Division of Commonties Act.
More practically, the Bill confirms that the expanded Court will take on responsibility for land reform disputes presently dealt with in other forums, including community right‑to‑buy appeals and cases concerning the right of responsible access. For parties involved in these matters, the change is likely to mean proceedings before a specialist court with long experience of land valuation, mapping evidence and rural land use – albeit under new procedural rules which have yet to be developed.
The Bill also preserves the core judicial structure of the Scottish Land Court. The role of the Chair remains central, and the continuation of specialist members with agricultural and valuation expertise was a consistent theme throughout parliamentary scrutiny.
Relationship with the wider tribunal system
One important, if less high‑profile, development confirmed at Stage 3 is the widening of eligibility for appointment to the Upper Tribunal for Scotland. Members of the merged Court who meet the relevant qualification requirements will be able to sit in the Upper Tribunal, addressing a long‑standing anomaly which previously prevented Lands Tribunal and Land Court members from doing so by virtue of their office.
This change is intended to improve flexibility and resilience across the tribunal and court system and reflects the increasingly wide-ranging nature of land‑related disputes.
Environmental jurisdiction still on the horizon
As noted in our articles on Stage 2 of the Bill, we mentioned it is also anticipated that the Scottish Land Court may in future take on the functions of a specialised environmental court. While the Bill passed at Stage 3 does not immediately confer a general environmental jurisdiction on the Scottish Land Court, the legislation continues to be framed with that possibility in mind. Parliamentary debate has again highlighted concerns about access to justice in environmental matters, particularly the cost and complexity of these types of cases being raised in the in the Court of Session.
The expansion of the Land Court may therefore be seen as laying the groundwork for further reform. Any future transfer of environmental jurisdiction would, however, require additional legislation and careful consideration of resources, procedure and judicial expertise.
What happens next?
Following Stage 3, the Bill will proceed towards Royal Assent, after which commencement regulations (otherwise known as secondary legislation) will be required to bring its provisions into force. The Scottish Government has indicated that further consultation will take place on key practical matters, including new court rules and a revised fee structure for the expanded Court.
For practitioners and stakeholders, much of the real change will be felt at this implementation stage. The effectiveness of the expanded Scottish Land Court will depend not only on the breadth of its jurisdiction, but also its accessibility, efficiency and how proportionate its procedures prove to be in practice.
For further information or advice, please get in touch with one of our agricultural lawyers or your usual Brodies contact.
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