In our previous article following the Crofting and Scottish Land Court Bill passing Stage 3 we considered how it affects the structure and jurisdiction of Scotland’s land courts. In this follow‑up, we turn to the crofting provisions of the Bill and consider some of the key reforms to crofting legislation which were confirmed during the Bill’s final Parliamentary stage.
While many of the crofting measures have been under discussion for some time (see our earlier articles for details of some of the provisions), Stage 3 has now settled the shape of these reforms, bringing greater clarity for crofters, landlords and advisers as the legislation moves towards full enactment.
Refinement rather than wholesale reform
Overall, the Stage 3 amendments confirm that the Bill makes gradual changes to crofting law as opposed to major change. Much of the focus has been on clarifying procedure, improving consistency and addressing long‑standing practical issues which have caused difficulty in day‑to‑day croft administration.
Parliamentary debate at Stage 3 reflected the support for reforms which streamline existing processes, particularly where crofters and landlords have experienced uncertainty or delay under the current legislative framework.
Croft registration and mapping
One area receiving continued attention through to Stage 3 was croft registration and mapping. Reforms are directed at improving the quality and reliability of the Crofting Register, reflecting concerns raised during scrutiny about the accuracy of plans and the potential for disputes arising from registration errors.
The Stage 3 position reinforces the importance of accurate identification of croft boundaries and continues the policy direction of requiring greater precision in mapping, by widening the circumstances in which inaccuracies in the Register can be rectified. In addition, the fundamental obligation to register crofts has been extended to require first registration of crofts acquired by a tenant crofter.
These reforms are intended to support a more robust and complete register which can be relied upon by crofters, purchasers and anyone transacting or dealing with crofts.
Residency and regulatory compliance
Stage 3 also confirmed a number of reforms concerned with regulatory compliance and the enforcement tools available to the Crofting Commission. These provisions sit within the wider policy objective of ensuring that crofts are actively occupied and managed in accordance with crofting duties.
The final form of the Bill maintains the Commission’s role in monitoring compliance, while seeking to provide a clearer statutory footing for its powers and streamlining certain processes. Although the underlying residency and management requirements are not new, the reforms are aimed at greater consistency and transparency in how those duties are applied and enforced in practice.
Assignations, successions and transfers
The Bill as passed also refines aspects of assignation, bequests of croft tenancies and introduces a power for The Scottish Ministers to make regulations in connection with the transfer of owner-occupied crofts (for example, prohibiting future transfers of owner-occupied crofts to non-natural persons such as companies or trusts). Stage 3 amendments in this area were principally concerned with procedural clarity, rather than substantive change.
The exception to that is the change relating to assignation of croft tenancies to family members. The legislation seeks to simplify the process for a crofter to transfer their croft tenancy to a family member. In relation to assignation, the legislation provides simplified criteria for consent to the transfer of a tenancy to a family member. For crofters wishing to carry out transfers themselves, this should give them greater confidence and reduce the scope for technical challenges arising from process‑driven errors including submitting incorrect applications or information within applications.
Operational efficiency of the Crofting Commission
Although much of the Bill’s attention has focused elsewhere, Stage 3 confirmed a number of reforms affecting how the Crofting Commission operates and takes decisions under crofting legislation. The intent of these reforms is to streamline decision making powers by introducing new regulatory tools. These changes are intended to reduce administrative backlog and to allow the Commission to focus on high priority issues such as land misuse and absenteeism.
Under the reforms, the Commission will have the power to direct the Keeper of the Registers of Scotland to correct " material inaccuracies" in the Crofting Register, if what needs to be done is manifest. This power to direct rectification arises whenever the Commission becomes aware of such an inaccuracy and does not depend on the original applicant pursuing rectification or on the Commission having made a mistake.
The reforms also remove the requirement for Commission’s consent for certain land uses including planned environmental use. Tenant crofters no longer require the Commission (or the landlord's) formal consent to put land to environmental use—such as peatland restoration or habitat creation—provided it is planned and does not harm adjacent land.
Although, the Commission will have the final say on applications by a grazing committee to use common grazings for environmental or forestry purposes, landowners are still given the opportunity to refuse consent or impose conditions if they have valid reasons that fall within those specified in the Bill. It is hoped that the interests of all parties remain a prime concern in the decision-making process.
These provisions are intended to support clearer decision‑making, with a consistent approach to applications and enforcement. The emphasis remains on ensuring fairness and balance, while reinforcing the statutory framework within which the Commission exercises its discretion.
Landlord’s concerns
Crofting landlords have contributed at all stages of the Bill to ensure that their interests are considered. As owners of much of the land subject to crofting tenure and with many also playing a key role in crofting communities, some landlords and their representative bodies have felt the Bill had the effect of marginalising the role of the crofting landlord. Some concessions were secured on their behalf at Stage 3 including (1) a commitment to a hold a consultation on common grazings with a view to, amongst other things, reduce the number of unregulated common grazings, (2) requiring the Commission to give landlords an opportunity to make representations in relation to decrofting applications, and (3) requiring tenants to give a copy of the draft application for first registration of their croft to the landlord at least 21 days before submitting the application to the Commission. However, others, including compulsory landlord representation at the Crofting Commission, were not carried through.
Looking ahead
With Stage 3 now complete, the crofting provisions of the Bill have been passed. As with the court‑related elements discussed in our previous article, the practical impact of these reforms will depend heavily on commencement regulations, guidance and practice and as they are developed going forward.
For those involved in crofting transactions or regulatory processes, the coming period will be important in understanding how these reforms are applied on the ground, particularly in relation to registration, compliance and Commission procedures.
For further information or advice on the crofting aspects of the Bill, please get in touch with one of our agricultural lawyers or your usual Brodies contact.
