Crofting and Scottish Land Court Act 2026

1. Introductory Text

2. Part 1 Crofting reform

   1. Chapter 1 Crofts and crofters

      1. Duties

         1. 1. General functions of the Commission

         2. 2. Enabling environmental uses of crofts

         3. 3. Removal of timescales for deciding applications

         4. 4. Reporting on breaches of duties

         5. 5. Enforcement of duties

         6. 6. Enforcement action against subtenants and tenants of short leases

         7. 7. Power to decline to act until information provided

         8. 8. Monetary penalties for non-compliance with crofting duties

         9. 9. Statutory conditions: entitlement to fixed equipment

      2. Assignations

         1. 10. Assignations to family members

      3. Owner-occupier crofters

         1. 11. New crofts: power to determine applicant will become the owner-occupier crofter

         2. 12. Meaning of “owner-occupier crofter” etc.

         3. 13. Power to make provision about the sale of owner-occupied crofts

      4. Restriction on assignation and acquisition following Commission let

         1. 14. Ten-year restriction on assignation and acquisition following Commission let

         2. 15. Authorisation by Land Court of acquisition of croft land: breach of duty

      5. Requirement for proposed crofter to be aware of duties

         1. 16. Requirement for proposed crofter to be aware of duties

      6. Absences from crofts

         1. 17. Guidance relating to absences from crofts

      7. Decrofting

         1. 18. Decrofting direction: rationalisation of routes and requirements

         2. 19. Commission decision-making on decrofting applications

      8. Boundaries: adjustment and remapping

         1. 20. Commission’s power to adjust boundaries

      9. Common grazings

         1. 21. Common grazings: acquisition of shares with croft

         2. 22. Common grazings: unattached shares etc.

         3. 23. Grazings committees meetings

         4. 24. Appointment, etc., of grazings committee or grazings constable: appeal to Land Court

         5. 25. Use of common grazings for forestry or environmental purposes

         6. 26. Consultation on common grazings

      10. Meaning of crofting community, parish and township

          1. 27. Meaning of “crofting community”, “parish” and “township”

      11. Crofts not to be private residential tenancies

          1. 28. Tenancies which cannot be private residential tenancies

      12. Commission’s directions etc.

          1. 29. Power of Commission to correct inaccuracies in directions etc.

   2. Chapter 2 Registration

      1. Register of Crofts

         1. 30. Requirement to give Commission notice of change of ownership

         2. 31. Changes to the content required in the Register of Crofts

      2. Registration in the Crofting Register

         1. 32. First registration of crofts purchased by tenant crofter

         2. 33. Payment of fees for applications for registration

         3. 34. Requirement for certain applications for first registration to be copied to landlord

         4. 35. Notification of first registration

         5. 36. Rectification of the Crofting Register

         6. 37. Form of applications for registration

      3. Requirement for croft to be registered

         1. 38. Enlargement of croft

         2. 39. Exchange of croft or parts of crofts

         3. 40. Assignation of croft

         4. 41. Division of crofts and owner-occupied crofts

         5. 42. Resumption of croft or part of croft by landlord

         6. 43. Reversion of resumed land

         7. 44. Decrofting in case of resumption or vacancy of croft

         8. 45. Provisions as to right to sublet

         9. 46. Letting of owner-occupied crofts

         10. 47. Requirement for croft to be registered (miscellaneous provisions)

   3. Chapter 3 Miscellaneous

      1. Service of notices and public notification

         1. 48. Service of notices

         2. 49. Public notification

         3. 50. Crofting census notices

      2. The Crofting Commission

         1. 51. Appointment of Chair

         2. 52. Appointed members: special considerations

         3. 53. Chairing of Commission meetings and committees

      3. Review of crofting legislation

         1. 54. Review of crofting legislation

      4. Interpretation of Part 1

         1. 55. Interpretation of Part 1

3. Part 2 Merger of the Scottish Land Court and the Lands Tribunal for Scotland

   1. The Scottish Land Court

      1. 56. The Scottish Land Court

   2. Merger of the Scottish Land Court and the Lands Tribunal for Scotland

      1. 57. Merger of the Scottish Land Court and the Lands Tribunal for Scotland

      2. 58. Savings etc.

      3. 59. Power to make further provision in connection with the merger etc.

      4. 60. Transitory provision: eligibility of suitable members of Lands Tribunal for Scotland to sit in Upper Tribunal

      5. 61. Giving or updating guidance on access rights

      6. 62. Reviews of the operation and jurisdiction of the Court

4. Part 3 General

   1. 63. Minor and consequential provision

   2. 64. Regulations

   3. 65. Ancillary provision

   4. 66. Commencement

   5. 67. Short title

5. 1. Schedule 1

      The Scottish Land Court

      1. Part 1 Administration and organisation

         1. 1. Incorporation

         2. 2. Appointment of members and Chair of the Court

         3. 3. Designation and functions of Deputy Chair

         4. 4. Principal clerk

         5. 5. Remuneration

         6. 6. (1) The SCTS may pay to a member of the...

         7. 7. (1) The SCTS is to pay such remuneration as appears...

         8. 8. Expenditure incurred by the Court in the performance of its...

         9. 9. Quorum and delegation

         10. 10. (1) The Court may delegate such of its powers as...

         11. 11. On any question being determined by the Court, whether or...

         12. 12. The reference in paragraph 10(2) to nominated former members is...

         13. 13. Eligibility to act as members of the Upper Tribunal for Scotland

         14. 14. Fitness for office and removal of members of the Court

      2. Part 2 Jurisdiction of the Court

         1. 15. General

         2. 16. Access rights

         3. 17. Agriculture and agricultural holdings

         4. 18. Arbitration and compensation

         5. 19. The Court may exercise any other jurisdiction conferred by any...

         6. 20. The Court may act as arbitrator under a reference by...

         7. 21. Community rights to buy: appeals

         8. 22. Appeals made under section 69 (right to buy land for...

         9. 23. Crofting and crofting community right to buy

         10. 24. March Dykes, runrig and commonties

         11. 25. Small landholdings

         12. 26. Succession to certain leases

      3. Part 3 Rules, procedure, expenses and powers

         1. 27. Rules of court

         2. 28. Procedure

         3. 29. Where a person is or may be liable for any...

         4. 30. Powers

         5. 31. Finality of decisions and special cases

         6. 32. Expenses

         7. 33. Enforcement

         8. 34. Accounts

      4. Part 4 Interpretation

         1. 35. Interpretation

   2. Schedule 2

      Minor and consequential amendments

      1. Part 1 Crofting reform

         1. 1. Crofters (Scotland) Act 1993

         2. 2. Crofting Reform (Scotland) Act 2010

      2. Part 2 Scottish Land Court

         1. 3. Lands Tribunal Act 1949

         2. 4. Succession (Scotland) Act 1964

         3. 5. Scottish Land Court Act 1993

         4. 6. Land Reform (Scotland) Act 2003

         5. 7. Judiciary and Courts (Scotland) Act 2008

         6. 8. Scottish Civil Justice Council and Criminal Legal Assistance Act 2013

         7. 9. Tribunals (Scotland) Act 2014

         8. 10. Land Reform (Scotland) Act 2016