- Latest available (Revised)
- Original (As enacted)
This version of this chapter contains provisions that are prospective.![]()
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Crofting and Scottish Land Court Act 2026, Chapter 2.![]()
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Prospective
(1)The 1993 Act is modified as follows.
(2)In section 17 (provisions supplementary to sections 13 and 15), subsection (7) is repealed.
(3)After section 40A, insert—
(1)Subsection (2) applies in relation to the transfer (whether or not for valuable consideration) of the ownership of any land on which any of the following are situated—
(a)a croft,
(b)an owner-occupied croft,
(c)a common grazing.
(2)The person who acquires the land must, within 1 month of ownership transferring, give notice to the Commission of the change of ownership.
(3)The Commission may by notice given to the person who acquired the land require the person to provide the Commission with information relating to—
(a)the transfer of the ownership of the land, and
(b)any other matter the Commission may require.
(4)Where the Commission—
(a)has cause to believe that a person has not complied with the duty in subsection (2), or
(b)are satisfied that the person has not complied with a requirement imposed under subsection (3),
the Commission may reject any objection submitted by the person in accordance with section 58A(4) in relation to an application, unless the failure mentioned in paragraph (a) or (as the case may be) paragraph (b) is remedied within the 28 day period following public notification of the application.
(5)Where the Commission reject an objection submitted by a person in accordance with section 58A(4) by virtue of subsection (4)—
(a)the Commission must (as soon as reasonably practicable) notify the person of their decision to reject the objection (and the reason for that decision),
(b)section 52A applies as if the decision to reject the objection were a decision of the Commission on an application to them under this Act.
(6)The Scottish Ministers may by regulations make provision about when ownership is to be treated as transferred for the purposes of this section.”.
Commencement Information
I1S. 30 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified as follows.
(2)In section 40 (obtaining of information by Commission), in subsection (1A), the words “age and” are repealed.
(3)In section 41(2) (Register of Crofts)—
(a)in paragraph (a), after “location” insert “(including the township and parish within which it is situated)”,
(b)in paragraph (b)—
(i)the words “, age and date of birth” are repealed,
(ii)after “landlord” insert “or, as the case may be, the owner-occupier crofter,”,
(c)after paragraph (b), insert—
“(ba)the date of birth of the tenant or owner-occupier crofter of each croft,”,
(d)for paragraph (ca), substitute—
“(ca)the address of—
(i)the landlord and, where the tenant’s address is different from the address of the croft, the tenant, or
(ii)the owner-occupier crofter, where the owner-occupier crofter’s address is different from the address of the croft,”.
Commencement Information
I2S. 31 not in force at Royal Assent, see s. 66(2)
(1)The 2010 Act is modified as follows.
(2)In section 4(1) (first registration), for paragraph (c), substitute—
“(c)in any case other than the case of a new croft—
(i)on the taking, in relation to the croft, of any step mentioned in subsection (4) (or, in the case of a step mentioned in paragraph (p) of that subsection, in accordance with that paragraph), or
(ii)in relation to the acquisition by the crofter of the croft land tenanted by the crofter, on the transfer (whether or not for valuable consideration) of the ownership of the croft to the crofter or the crofter’s nominee.”.
(3)In section 6(1) (persons responsible for applications for registration), after paragraph (a), insert—
“(aa)in the case of a transfer of ownership to the crofter (or the crofter’s nominee) of the croft land tenanted by the crofter such as is mentioned in section 4(1)(c)(ii), by the crofter (or the crofter’s nominee) to whom such ownership is transferred,”.
(4)In section 29 (transfer of land containing crofts: offences)—
(a)after subsection (5) insert—
“(5A)A person commits an offence if, ownership of a croft has been transferred to the person as is mentioned in section 4(1)(c)(ii), the person fails within 1 year of the transfer to apply to register the croft.
(5B)A person commits an offence in respect of each further 1 year period where the person continues to fail to apply to register the transfer mentioned in subsection (5A).”,
(b)in subsection (6), for “or (5)” substitute “(5), (5A) or (5B)”.
Commencement Information
I3S. 32 not in force at Royal Assent, see s. 66(2)
(1)The 2010 Act is modified as follows.
(2)In section 7 (applications for registration)—
(a)in subsection (1), the words “, and the fee payable in respect of such registration,” are repealed,
(b)in subsection (3), sub-paragraph (ii) and the word “and” immediately after sub-paragraph (i) are repealed,
(c)in subsection (5), paragraph (c) is repealed.
(3)In section 8 (acceptance of applications for registration), in subsection (2), for paragraph (d) substitute—
“(d)neither—
(i)payment of the fee payable in respect of such registration has been paid, nor
(ii)arrangements satisfactory to the Keeper for payment of the fee have been made.”.
(4)In section 26 (applications for registration: common grazings)—
(a)in subsection (1), the words “and the fee payable in respect of such registration,” are repealed,
(b)in subsection (4), paragraph (b) and the word “and” immediately after paragraph (a) are repealed,
(c)in subsection (6), paragraph (c) is repealed.
(5)In section 32 (lands held runrig)—
(a)in subsection (6), the words “, and the fee payable in respect of such registration,” are repealed,
(b)in subsection (7), paragraph (b) and the word “and” immediately after paragraph (a) are repealed,
(c)in subsection (9), paragraph (c) is repealed.
Commencement Information
I4S. 33 not in force at Royal Assent, see s. 66(2)
(1)The 2010 Act is modified as follows.
(2)In section 7 (applications for registration)—
(a)after subsection (2) insert—
“(2A)Where a tenant intends to submit an application for first registration, the tenant must give a copy of the draft application to the landlord at least 21 days before submitting the application to the Commission.
(2B)A tenant making an application for first registration must, at the same time as submitting the application, provide a statement confirming that subsection (2A) has been complied with.”,
(b)in subsection (5), before paragraph (a) insert—
“(za)the requirement under subsection (2B) has not been complied with,”.
Commencement Information
I5S. 34 not in force at Royal Assent, see s. 66(2)
(1)The 2010 Act is modified as follows.
(2)In section 7 (applications for registration), after subsection (2B) (inserted by section 34 of this Act), insert—
“(2C)An application for first registration must include—
(a)the name and address of the persons who are to be notified of registration under section 12(1), or
(b)in respect of any person to be notified whose name or address is not known to the applicant, an explanation of what steps the applicant has taken to ascertain them.”.
(3)In section 12 (notification of first registration)—
(a)for subsection (1), substitute—
“(1)The Keeper must, as soon as reasonably practicable after issuing a certificate of registration under section 9(2), notify any persons mentioned in subsection (3) of the matters mentioned in subsection (4).”,
(b)in subsection (2), for “The Commission” substitute “Despite subsection (1), the Keeper”,
(c)in subsection (5), for “the Commission issue” substitute “the Keeper issues”,
(d)in subsection (6), for “the Commission issue” substitute “the Keeper issues”,
(e)in subsection (7), for “Commission” substitute “Keeper”.
(4)In section 18 (indemnity in respect of loss)—
(a)in subsection (2), after paragraph (a) insert—
“(aa)a failure to notify a person in accordance with section 12(1),”,
(b)after subsection (4) insert—
“(4A)No indemnity is payable in relation to—
(a)a failure such as is mentioned in subsection (2)(aa), or
(b)a mistake such as is mentioned in subsection (2)(e) arising as a consequence of a failure to notify a person under section 12(1),
if the reason for that failure or mistake is attributable to the information provided to the Keeper in respect of such notification being incomplete, incorrect or having changed during the time between the date of receipt of the application and the notification of persons under section 12(1).”.
Commencement Information
I6S. 35 not in force at Royal Assent, see s. 66(2)
(1)The 2010 Act is modified as follows.
(2)In section 16 (rectification of the register)—
(a)for subsection (1) substitute—
“(1)The Keeper—
(a)may, at any time, amend the register to correct any typographical, clerical or other administrative error,
(b)may rectify the register in accordance with subsections (2) to (4),
(c)must rectify the register on being—
(i)ordered to do so by any court,
(ii)directed to do so by the Commission under section 16A.”,
(b)in subsection (5), for “(1)(b)” substitute “(1)(c)(i)”,
(c)in subsection (6), for “this section” substitute “subsection (1)(b) or (c)”,
(d)after subsection (6), insert—
“(6A)The Scottish Ministers may by regulations modify this section so as to specify further persons, or descriptions of persons, who are entitled to make an application to rectify the register under this section.”.
(3)After section 16, insert—
(1)Where the Commission becomes aware of a material inaccuracy in the register and the conditions mentioned in subsection (2) are met, the Commission may—
(a)direct the Keeper to rectify the register if what is needed to do so is manifest, and
(b)give the Keeper any further direction it considers necessary in connection with the rectification.
(2)The conditions are that the Commission has—
(a)given notice of their intention to issue a direction to any person appearing to them to be affected by the direction at least 28 days in advance of the issuing of a direction, and
(b)had regard to any representations received within that 28 day period.
(3)A notice under subsection (2)(a) must indicate that the person may, before the expiry of the period of 28 days beginning with the day on which notice is given to the person, make representations to the Commission.
(4)In this section “material inaccuracy” means an inaccuracy relating to any matter mentioned in section 11(2)(a) or (b).”.
(4)In section 17 (rectification following first registration)—
(a)in subsection (1)(a), for “16(1)(a)” substitute “16(1)(b) or (c)(ii)”,
(b)in subsection (5), in the definition of “material inaccuracy” for “has the meaning given by section 7(8)” substitute “means an inaccuracy relating to any matter mentioned in section 11(2) other than a typographical, clerical or other administrative error capable of being corrected under section 16(1)(a)”.
(5)In section 18 (indemnity in respect of loss), after subsection (7), insert—
“(7A)A person who suffers loss as a result of a mistake in the register made by the Commission in a direction given under section 16A, the correction of which would require rectification of the register, is to be indemnified by the Commission in respect of that loss.”.
(6)The section heading for section 20 becomes “Appeals: decisions of the Keeper”.
(7)After section 20 (appeals), insert—
(1)A relevant person may appeal to the Land Court against a decision of the Commission to give a direction under section 16A(1).
(2)An appeal under subsection (1) must be made before the expiry of the period of 42 days beginning with the day on which the Keeper gives notice of the rectification under section 16(6).
(3)An appeal under subsection (1) may be made only on one or more of the following grounds—
(a)that the Commission erred in law,
(b)that the Commission made a finding as to a fact material to the decision but did not have sufficient evidence on which to base that finding,
(c)that the Commission acted contrary to natural justice,
(d)that the Commission took into account certain irrelevant or immaterial considerations,
(e)that the Commission failed to take into account certain relevant or material considerations,
(f)that the Commission exercised their discretion in an unreasonable manner.
(4)In an appeal under this section, the Land Court may—
(a)confirm or revoke the direction,
(b)direct the Commission to make a different direction, or
(c)remit the case to the Commission without so directing them.
(5)The Commission, and the Keeper, must give effect to the decision of the Land Court on an appeal under this section.
(6)In this section, a “relevant person” means a person who is affected by the direction.”.
(8)In section 53 (subordinate legislation)—
(a)in subsection (3), before “(4)” insert “(3A),”,
(b)after subsection (3), insert—
“(3A)No regulations under section 16(6A) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Scottish Parliament.”.
Commencement Information
I7S. 36 not in force at Royal Assent, see s. 66(2)
(1)The 2010 Act is modified by subsections (2) to (3).
(2)After section 19, insert—
(1)The Keeper is to—
(a)specify the form of applications which are to be used for (or in connection with) registration,
(b)publish the forms specified—
(i)on the website maintained by, or on behalf of, the Keeper, or
(ii)in such other similar manner as the Keeper considers appropriate.
(2)Before specifying (or making a change to) a form, the Keeper must—
(a)consult the Crofting Commission, and
(b)publicise the proposed form (or change) in such manner as the Keeper considers appropriate.
(3)If a form of application is prescribed under section 19(1)(c)—
(a)the Keeper is to specify that form, and
(b)subsection (2) of this section does not apply.”.
(3)The cross heading preceding section 19 becomes, “Rules, fees and forms”.
(4)In the Crofting Register (Scotland) Rules 2012 (S.S.I. 2012/294) rules 2(2), 6, 7 and 8 and the schedule are revoked.
Commencement Information
I8S. 37 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified by subsection (2).
(2)In section 4 (enlargement of crofts)—
(a)subsection (3) is repealed,
(b)after subsection (4), insert—
“(4A)But the Commission may not make a direction under subsection (4) if, on the date on which the application for the direction was made, the croft was an unregistered croft.”,
(c)subsection (5) is repealed,
(d)in subsection (6), in the opening words, for “in relation to a registered croft (other than a first registered croft)” substitute “under subsection (4)”,
(e)subsection (8) is repealed.
(3)The 2010 Act is modified by subsections (4) to (6).
(4)In section 4(4) (first registration), paragraph (a) is repealed.
(5)In section 10(4) (completion of registration), “(a),” is repealed.
(6)In schedule 2, in table 1, the entry relating to the making of an application as mentioned in section 4(4)(a) is repealed.
Commencement Information
I9S. 38 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified by subsection (2).
(2)In section 4A (exchange of crofts or parts of crofts)—
(a)for subsection (2), substitute—
“(2)The Commission may not grant consent to the exchange of a croft unless it is satisfied that, on the date on which the application was made—
(a)the crofts being exchanged were registered crofts, and
(b)the consent mentioned in paragraph (a)(i) of subsection (1) was obtained.”,
(b)subsection (2A) is repealed,
(c)in subsection (2B)—
(i)in the opening words, for “In relation to a registered croft, or any part of such a croft, (other than a first registered croft)” substitute “Where the Commission grants consent to the exchange of a croft (or any part of a croft)”,
(ii)in paragraph (a), for “any consent of the Commission to the exchange of the croft” substitute “the consent”.
(3)The 2010 Act is modified by subsections (4) to (6).
(4)In section 4(4) (first registration), paragraph (b) is repealed.
(5)In section 10(4) (completion of registration), “(b),” is repealed.
(6)In schedule 2, in table 1, the entry relating to the making of an application as mentioned in section 4(4)(b) is repealed.
Commencement Information
I10S. 39 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified by subsection (2).
(2)In section 8 (assignation of croft)—
(a)for subsection (1B) substitute—
“(1B)The Commission may not grant consent to the assignation of the crofter’s croft if, on the date on which the application for consent was made, the croft was an unregistered croft.”,
(b)subsection (6) is repealed,
(c)in subsection (6A), in the opening words, for “In relation to a registered croft (other than a first registered croft)” substitute “In relation to an assignation under this section”.
(3)The 2010 Act is modified by subsections (4) to (6).
(4)In section 4(4) (first registration), paragraph (c) is repealed.
(5)In section 10(4) (completion of registration), “(c),” is repealed.
(6)In schedule 2, in table 1, the entry relating to the making of an application as mentioned in section 4(4)(c) is repealed.
Commencement Information
I11S. 40 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified by subsections (2) and (3).
(2)In section 9 (division of croft)—
(a)for subsection (1A), substitute—
“(1A)The Commission may not grant consent to the division of the crofter’s croft if, on the date on which the application for consent was made, the croft was an unregistered croft.”,
(b)in subsection (3)—
(i)in the opening words, for “In relation to a registered croft (other than a first registered croft)” substitute “Where the Commission grants consent to the division of a croft”,
(ii)in paragraph (a), for “any consent of the Commission given under this section to a division of the croft” substitute “the consent”.
(3)In section 19D (division of owner-occupied crofts)—
(a)after subsection (2), insert—
“(2A)The Commission may not grant consent to the division of the owner-occupier’s croft if, on the date on which the application for consent was made, the croft was an unregistered croft.”,
(b)subsection (3) is repealed,
(c)in subsection (4)—
(i)in the opening words, for “In relation to a registered owner-occupied croft (other than an owner-occupied croft which is a first registered croft)” substitute “Where the Commission grants consent to a division of an owner-occupied croft by virtue of subsection (2)”,
(ii)in paragraph (a), for “any consent of the Commission given by virtue of subsection (2) to a division of the owner-occupied croft” substitute “the consent”.
(4)The 2010 Act is modified by subsections (5) to (7).
(5)In section 4(4) (first registration), paragraph (d) is repealed.
(6)In section 10 (completion of registration)—
(a)subsection (7) is repealed,
(b)subsection (8) is repealed.
(7)In schedule 2, in table 1—
(a)the entry relating to the making of an application as mentioned in section 4(4)(d)(i) is repealed,
(b)the entry relating to the making of an application as mentioned in section 4(4)(d)(ii) is repealed.
Commencement Information
I12S. 41 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified by subsection (2).
(2)In section 20 (resumption of croft or part of croft by landlord)—
(a)for subsection (1ZA) substitute—
“(1ZA)But the Land Court may not authorise the resumption of the croft if, on the date on which the application under subsection (1) was made, the croft was an unregistered croft.”,
(b)in subsection (1ZB)—
(i)in the opening words, for “In relation to a registered croft, or part of such a croft, (other than a first registered croft)” substitute “In relation to an authorisation under subsection (1)”,
(ii)in paragraph (a), for “any authorisation under subsection (1)” substitute “the authorisation”,
(c)in subsection (1CA), in the opening words, for “In relation to a registered croft, or part of such a croft” substitute “For the purposes of subsection (1C)”,
(d)in subsection (1G)—
(i)in the opening words, for “In relation to a registered croft, or part of such a croft” substitute “Where the Land Court makes a determination under subsection (1F)”,
(ii)in paragraph (a) for “any determination under subsection (1F)” substitute “the determination”.
(3)The 2010 Act is modified by subsections (4) to (6).
(4)In section 4(4) (first registration), paragraph (g) is repealed.
(5)In section 10(4) (completion of registration), “(g),” is repealed.
(6)In schedule 2, in table 1, the entry relating to the making of an application as mentioned in section 4(4)(g) is repealed.
Commencement Information
I13S. 42 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified by subsection (2).
(2)In section 21A (reversion of resumed land)—
(a)subsection (1A) is repealed,
(b)in subsection (1B)—
(i)in the opening words, for “land which, before being resumed as mentioned in subsection (1), was a registered croft (or part of such a croft)” substitute “an order under subsection (1) that land be resumed”,
(ii)in paragraph (a), for “an order under that subsection” substitute “the order”.
(3)The 2010 Act is modified by subsections (4) to (6).
(4)In section 4(4) (first registration), paragraph (h) is repealed.
(5)In section 10(3)(a) (completion of registration), “(h),” is repealed.
(6)In schedule 2, in table 1, the entry relating to the making of an application as mentioned in section 4(4)(h) is repealed.
Commencement Information
I14S. 43 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified by subsections (2) to (6).
(2)In section 24 (decrofting in case of resumption or vacancy of croft)—
(a)for subsection (2ZA) substitute—
“(2ZA)But the Commission may not make a direction under subsection (2) if, on the date on which the landlord gives notice to the Commission, the croft was an unregistered croft.”,
(b)subsection (3B) is repealed,
(c)in subsection (3C)—
(i)in the opening words, for “registered croft (other than a first registered croft)” substitute “direction under subsection (2) or (3) (other than one under subsection (3) given by virtue of section 25(4) of this Act)”,
(ii)in paragraph (a), for “a direction under subsection (2) or (3) (other than one under subsection (3) given by virtue of section 25(4) of this Act)” substitute “the direction”.
(3)In section 24B (Commission’s powers in relation to applications under section 24A), for subsection (3) substitute—
“(3)The Commission may not give a decrofting direction under subsection (1) if, on the date on which the owner-occupier made the application to the Commission under section 24A(1), the owner-occupier croft was unregistered.”.
(4)In section 24C(4) (application of section 25 in relation to decrofting directions)—
(a)paragraph (b) is repealed,
(b)for paragraph (d), substitute—
“(d)subsection (4ZD),”.
(5)In section 24D (effect of decrofting direction) in subsection (3), in the opening words, for “the croft to which the decrofting direction relates is a registered croft (other than a first registered croft)” substitute “a decrofting direction is given in relation to a croft”.
(6)In section 25 (provisions supplementary to s.24(3))—
(a)in subsection (1)—
(i)in paragraph (a), for “they” substitute “the application is made in respect of a registered croft and the Commission”,
(ii)in paragraph (b), after “part of a croft” insert “which is a registered croft and”,
(b)in subsection (4), for “subsections (4ZB) and (4ZD)” substitute “subsection (4ZD)”,
(c)subsections (4ZA) to (4ZC) are repealed,
(d)in subsection (4ZD), in the opening words, for “The direction” substitute “In relation to a direction under section 24(3) which is made by virtue of an application under subsection (4), the direction”.
(7)The 2010 Act is modified by subsections (8) and (9).
(8)In section 4(4) (first registration), paragraph (l) is repealed.
(9)In schedule 2, in table 1—
(a)the entry relating to the making of an application as mentioned in section 4(4)(l)(i) is repealed,
(b)the entry relating to the making of an application as mentioned in section 4(4)(l)(ii) is repealed,
(c)the entry relating to the making of an application as mentioned in section 4(4)(l)(iii) is repealed.
Commencement Information
I15S. 44 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified as follows.
(2)In section 27 (provisions as to right to sublet), for subsection (2) substitute—
“(2)A crofter may not sublet their croft unless—
(a)the croft is a registered croft, and
(b)the crofter has obtained the consent of the Commission.
(2A)A sublease of a croft granted by a crofter in contravention of subsection (2) is null and void.
(2B)But nothing in subsections (2) and (2A) precludes a crofter from subletting any dwelling-house or other building forming part of their croft to holiday visitors.”.
Commencement Information
I16S. 45 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified by subsection (2).
(2)In subsection 29A (letting of owner-occupied crofts)—
(a)for subsection (2), substitute—
“(2)The Commission may not grant consent to the letting of an owner-occupied croft if, on the date on which the application for consent under subsection (1) was made, the owner-occupied croft was unregistered.”,
(b)in subsection (3)—
(i)in the opening words, for “Subject to subsection (8), in relation to a registered owner-occupied croft (other than an owner-occupied croft which is a first registered croft), or any part of such a croft” substitute “Where the Commission grants consent to the letting of a croft (or any part of a croft) under subsection (1)”,
(ii)in paragraph (a), for “any consent under subsection (1)” substitute “the consent”,
(c)subsection (7) is repealed,
(d)subsection (8) is repealed.
(3)The 2010 Act is modified by subsections (4) to (6).
(4)In section 4 (first registration), paragraph (o) is repealed.
(5)In section 10(4) (completion of registration), “(o)” is repealed.
(6)In schedule 2, in table 1, the entry relating to the making of an application as mentioned in section 4(4)(o) is repealed.
Commencement Information
I17S. 46 not in force at Royal Assent, see s. 66(2)
(1)The 1993 Act is modified by subsection (2).
(2)In section 52 (miscellaneous provisions as to common grazings etc.)—
(a)subsection (5A) is repealed,
(b)in subsection (5B), in the opening words, the words “by the crofter of a registered croft (other than a first registered croft)” are repealed,
(c)in subsection (12A), the words “by the crofter of a registered croft (other than a first registered croft)” are repealed.
(3)The 2010 Act is modified by subsections (4) to (6).
(4)In section 4(4) (first registration), paragraph (q) is repealed.
(5)In section 10(4) (completion of registration), “or (q)” is repealed.
(6)In schedule 2, in table 1, the entry relating to the making of an application as mentioned in section 4(4)(q) is repealed.
Commencement Information
I18S. 47 not in force at Royal Assent, see s. 66(2)
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