Crofting and Scottish Land Court Act 2026

Prospective

Schedule 2 S Minor and consequential amendments

introduced by section 63

Part 1 S Crofting reform

Crofters (Scotland) Act 1993 S

1 (1) The Crofters (Scotland) Act 1993 is modified as follows.

(2) In section 2 (particular powers and duties of the Commission), subsection (3) is repealed.

(3) In section 2C (duty to produce plan), in subsection (2), in the opening words for “6” substitute “12”.

(4) In section 3A(8) (new crofts), in paragraph (b), leave out “the crofting community in the locality of the land” and insert “any crofting community which, in the opinion of the Commission, may be affected by, or have an interest in, the application”.

(5) In section 5A (complaint as respects breach of the statutory conditions), in subsection (1), for “in the locality of the croft” substitute “of the township within which the croft is situated”.

(6) In section 5C(6) (crofters: duty to cultivate and maintain), in paragraph (a), for “in the locality of the land” substitute “of the township within which the land is situated (other than the applicant)”.

(7) In section 10 (bequest of croft)—

(a) in subsection (1)(b)(ii), for “all the bequests” substitute “the bequest”,

(b) in subsection (4C), after “bequest” insert “of the tenancy of a croft as mentioned in subsection (1)(b)”.

(8) In section 17 (provision supplementary to sections 13 and 15), in subsection (6), for “wife or husband” substitute “spouse or civil partner”.

(9) In section 19A (schemes for development)—

(a) in subsection (2)(d)—

(i) in paragraph (i), for “that community” substitute “the crofting community in the area affected by the development”,

(ii) in paragraph (ii), for “community” substitute “crofting community”,

(b) in subsection (3)(b), for “community” where it second occurs substitute “crofting community”,

(c) in subsection (11)—

(i) paragraph (c) is repealed,

(ii) in paragraph (d), for “to (c)” substitute “and (b)”.

(10) In section 20 (resumption of croft or part of croft by landlord)—

(a) in subsection (1), for “in the locality of the croft” substitute “of the township within which the croft is situated”,

(b) in subsection (1AA)(b), for “in the locality of the croft” substitute “of the township within which the croft is situated”,

(c) in subsection (1AC)(a)—

(i) in sub-paragraph (i), for the words from “locality” to the end of the sub-paragraph substitute “parish within which the croft is situated,”,

(ii) in sub-paragraph (ii), for the words from “community” to the end of the sub-paragraph substitute “communities in that parish,”,

(iii) in sub-paragraph (iii), for “locality or such an area;” substitute “parish,”,

(iv) in sub-paragraph (iv), for “locality or such an area;” substitute “parish,”.

(11) In section 25 (provisions supplementary to s.24(3))—

(a) in subsection (1)(a), for “in the locality of the croft” substitute “of the township within which the croft is situated,”,

(b) in subsection (1A)(b),

“in the locality of the croft” substitute “of the township within which the croft is situated”,

(c) in subsection (1B)(a)—

(i) in subsection paragraph (i),

for the words from “locality” to the end of the sub-paragraph substitute “parish within which the croft is situated,”,

(ii) in sub-paragraph (ii), for the words from “community” to the end of the sub-paragraph substitute “communities in that parish,”,

(iii) in sub-paragraph (iii), for “locality or such an area;” substitute “parish,”,

(iv) in sub-paragraph (iv), for “locality or such an area;” substitute “parish,”,

(d) in subsection (8)—

(i) in paragraph (a)(i),

for “in the locality of the land” substitute “of the township within which the land is situated”,

(ii) in paragraph (b), for “in the locality of the land,” substitute “of the township within which the land is situated,”.

(12) In section 26G (division of croft before taking action), in subsection (2)(c), for “in the locality of the croft or owner-occupied croft” substitute “of the township within which the croft or owner-occupied croft is situated”.

(13) In section 26H (crofters: tenancy termination procedure), in subsection (1), for “in the locality of the croft” substitute “of the township within which the croft is situated”.

(14) Section 27 (provisions as to right to sublet) is modified as follows—

(a) in subsection (1), the words “, for a period not exceeding 10 years,” are repealed,

(b) after subsection (2), insert—

“(2C) A sublease of a croft must not be for a period exceeding 10 years.”.

(15) In section 29 (miscellaneous provisions regarding subleases of crofts)—

(a) in subsection (2)—

(i) the “or” immediately following paragraph (b) is repealed,

(ii) paragraph (c) is repealed,

(iii) paragraph (d) is repealed,

(b) in subsection (4), for “sections 27 and 28” substitute “section 27”.

(16) In section 30 (compensation to crofter for improvements)—

(a) in subsection (6A), in paragraph (a), for “purposeful use as is mentioned in section 5C(2)(a)(ii) of this Act” substitute “use as is mentioned in section 5C(2)(a)(ii) or (iii)”,

(b) in subsection (6B)—

(i) the “or” immediately following paragraph (a) is repealed,

(ii) after paragraph (a), insert—

“(aa) before the crofter puts their croft to any use as is mentioned in section 5C(2)(a)(ii), the landlord gives written intimation to the crofter that, as respects that use, subsection (6A) should not apply,

(ab) before the Commission make a determination under section 50ZA(4A), the owner gives written intimation to the Commission or the proposer that, as respects the use applied for under section 50(2), subsection (6A) should not apply, or”,

(iii) in paragraph (b), for “approve under section 50B(11) of this Act” substitute “grant the approval applied for under section 50B(6) for”.

(17) In section 36 (compensation to cottar for improvements)—

(a) in subsection (1)(b), for “wife or husband” in both places it appears substitute “spouse or civil partner”,

(b) in subsection (5), for “wife or husband” in both places it appears substitute “spouse or civil partner”.

(18) In section 41 (Register of Crofts)—

(a) in subsection (2), in paragraph (cc)—

(i) in the opening words, after “tenant” insert “or, as the case may be, the owner-occupier crofter”,

(ii) for sub-paragraph (iii), substitute—

“(iii) any use of the grazing—

(A) as woodlands by virtue of section 50ZA(7), or of woodlands as part of the grazing by virtue of section 50A,

(B) for an environmental purpose by virtue of section 50ZA(7), or an environmental purpose for as part of the grazing by virtue of section 50AA,”,

(iii) in sub-paragraph (iv), for “use as woodlands” substitute “a use mentioned in sub-paragraph (iii)”,

(b) in subsection (2), in the closing words, for “landlord and the tenant” substitute “tenant and the landlord or, as the case may be, the owner-occupier crofter,”.

(19) In section 48 (powers and duties of grazings committees)—

(a) in subsection (1)(a), for “approved under section 50B(11) of this Act” substitute “which has obtained the approval applied for under section 50B(6)”,

(b) in subsection (4A)—

(i) for “referred to in subsection (6) of section 50B of this Act” substitute “applied for under section 50B(6)”,

(ii) for “subsection (11) of that section” substitute “section 58A”,

(c) in subsection (6A), for “approved under section 50B(11)” substitute “which has obtained the approval applied for under section 50B(6)”.

(20) In section 49(2)(a) (common grazings regulations), for “approved under section 50B(11) of this Act” substitute “which has obtained the approval applied for under section 50B(6)”.

(21) In section 51A (new common grazing)—

(a) in subsection (4)(b), for “the crofting community in the locality of the land” substitute “any crofting community which, in the opinion of the Commission, may be affected by, or have an interest in, the application”,

(b) in subsection (5)—

(i) after paragraph (a) insert “and”,

(ii) the “and” immediately following paragraph (b) is repealed,

(iii) paragraph (c) is repealed,

(c) in subsection (7), for paragraph (d) substitute—

“(d) an environmental purpose,

(e) a purpose other than is mentioned in paragraphs (a) to (d).”.

(22) In section 52 (miscellaneous provisions as to common grazings, as to lands held runrig, and as to use by crofters of peat bogs, etc.)—

(a) in subsection (3), for “apportion a common grazing shared by two or more townships into separate parts for the exclusive use of the several townships or may apportion” substitute “decide to apportion a common grazing shared by two or more townships into separate parts for the exclusive use of the several townships or may decide to apportion”,

(b) in subsection (3A)(a)—

(i) for “apportionment of” substitute “decision to apportion”,

(ii) for “common grazing was so apportioned” substitute “decision was made”,

(c) for subsection (4), substitute—

“(4) The Commission may, on the application of any crofter of a registered croft who holds a right in a common grazing, and after consultation with the grazings committee, decide to apportion a part of the common grazing (including the site of the dwelling-house of the crofter so applying if situated on the common grazing), other than a part on which the grazings committee have, under section 48(4)—

(a) planted trees and which they are using as woodlands, for the exclusive use of the applicant, or

(b) used for an environmental purpose.”,

(d) in subsection (5B)(a)—

(i) for “apportionment of”, in the first place it occurs, substitute “decision to apportion”,

(ii) for “part was so apportioned” substitute “decision was made”,

(e) in subsection (5C)(a)—

(i) for “apportionment of” substitute “decision to apportion”,

(ii) for “part was so apportioned” substitute “decision was made”,

(f) in subsection (8), before “apportion” insert “decide to”,

(g) in subsection (8A), for “an apportionment” (in both places it occurs substitute “a decision to apportion”,

(h) in subsection (11)—

(i) for “extend” substitute “decide to extend”,

(ii) for the words from “the township” to the end substitute “(as the case may be)—

(a) any person who appears to the Commission to represent the interests of the township which has exclusive use, or

(b) the crofter who has exclusive use.”,

(i) in subsection (11A)(a)—

(i) for “extension under subsection (11) of” substitute “decision under subsection (11) to extend”,

(ii) for “period was so extended” substitute “decision was made”,

(j) in subsection (12)—

(i) after “Commission may,” insert “of their own accord or”,

(ii) for “that township or” substitute “any person who appears to the Commission to represent that township or the”,

(iii) after paragraph (a), insert—

“(aa) review an apportionment made in pursuance of section 27(3) and (4) of the Crofters (Scotland) Act 1955,”,

(iv) in paragraph (b)(iii), for “an apportionment made as mentioned in paragraph (a) above to an end” substitute “to an end (in whole or in part) an apportionment made as mentioned in paragraph (a) or (aa)”,

(k) after subsection (15), insert—

“(16) Where the Commission make any determination under subsection (12)(b) of their own accord, section 52A applies as if that determination were a decision of the Commission on an application to them under this Act.”.

(23) In section 58A (obtaining Commission approval or consent)—

(a) in subsection (4)(b), for “in the locality of that land” substitute “of the township within which that land is situated”,

(b) for subsection (7)(a)(ii), substitute—

“(ii) whether the croft is being or will be—

(A) cultivated,

(B) put to any environmental use (within the meaning of section 5C(8A)), or

(C) put to another purposeful use,”,

(c) in subsection (7)(c), for “in the locality of that land” substitute “of the township within which that land is situated”.

(24) In schedule 1 (the Crofting Commission)—

(a) in paragraph 9(1)(d), for “convener” substitute “chair of the Commission”,

(b) in paragraph 10(1), for “convener” substitute “chair”,

(c) in paragraph 16(3)(a), for “provide information to crofting communities” substitute “publish information”.

(25) In schedule 2 (the statutory conditions), in paragraph 5(c), after “put to” insert “any environmental use (within the meaning of section 5C(8A) or to”.

Commencement Information

I1 Sch. 2 para. 1 not in force at Royal Assent, see s. 66(2)

Crofting Reform (Scotland) Act 2010 S

2 (1) The Crofting Reform (Scotland) Act 2010 is modified as follows.

(2) In section 5 (registration of events affecting registered crofts), in subsection (3)—

(a) after paragraph (f) insert—

“(fa) the determination that an individual is an owner-occupier crofter under section 19BA(1) of the 1993 Act,”,

(b) for paragraph (q) substitute—

“(q) the bringing to an end under section 52(12)(b)(iii) of that Act (in whole or in part) of—

(i) an apportionment of a part of a common grazing to the crofter of the croft under subsection (4) of that section, or

(ii) an apportionment made in pursuance of section 27(4) of the Crofters (Scotland) Act 1955.”.

(3) In section 25(2) (registration of events affecting registered common grazings)—

(a) for paragraph (i) substitute—

“(i) the bringing to an end under section 52(12)(b)(iii) of that Act (in whole or in part) of—

(i) an apportionment of a part of a common grazing to the crofter of the croft under subsection (3) or (4) of that section, or

(ii) an apportionment made in pursuance of section 27(3) and (4) of the Crofters (Scotland) Act 1955.”,

(b) in paragraph (j), for “that Act” substitute “the 1993 Act”.

(4) In schedule 2 (persons responsible for applications for registration), in Table 2 (registration of registered crofts), after the entry for the step relating to the transfer of a crofter’s interest in a lease of a croft as mentioned in section 5(3)(f), insert—

“The determination that an individual is an owner-occupier croft as mentioned in section 5(3)(fa)

The owner-occupier crofter who applied for the determination”.

Commencement Information

I2 Sch. 2 para. 2 not in force at Royal Assent, see s. 66(2)

Part 2 S Scottish Land Court

Lands Tribunal Act 1949 S

3 (1) The Lands Tribunal Act 1949 is modified as follows.

(2) In section 1 (establishment of the Lands Tribunal for Scotland, jurisdiction and appeals to the Scottish Tribunals)—

(a) in subsection (3), in the opening words, the words “or the Lands Tribunal for Scotland” are repealed,

(b) in subsection (4), the words “or the Lands Tribunal for Scotland” are repealed,

(c) in subsection (5), the words “or the Lands Tribunal for Scotland” are repealed.

(3) Section 3 is repealed.

(4) In section 4 (power to add to jurisdiction of Upper Tribunal or Lands Tribunal for Scotland)—

(a) in subsection (1), the words “or the Lands Tribunal for Scotland” are repealed,

(b) in subsection (4), paragraph (b) is repealed,

(c) subsection (5) is repealed.

(5) The title to section 4 becomes “Power to add to jurisdiction of Upper Tribunal”.

Commencement Information

I3 Sch. 2 para. 3 not in force at Royal Assent, see s. 66(2)

Succession (Scotland) Act 1964 S

4 (1) The Succession (Scotland) Act 1964 is modified as follows.

(2) In section 16 (provisions relating to leases)—

(a) in subsection (3)(b), for “relevant court” substitute “Scottish Land Court”,

(b) subsection (8A) is repealed.

Commencement Information

I4 Sch. 2 para. 4 not in force at Royal Assent, see s. 66(2)

Scottish Land Court Act 1993 S

5 The Scottish Land Court Act 1993 is repealed.

Commencement Information

I5 Sch. 2 para. 5 not in force at Royal Assent, see s. 66(2)

Land Reform (Scotland) Act 2003 S

6 (1) The Land Reform (Scotland) Act 2003 is modified as follows.

(2) In section 14 (prohibition signs, obstructions, dangerous impediments etc.)—

(a) in subsection (4), for “summary application made to the sheriff, appeal” substitute “appeal to the Land Court”,

(b) in subsection (5)—

(i) in paragraph (a), for “summary applications” substitute “appeals”,

(ii) in paragraph (b), for “a summary application” substitute “an appeal”.

(3) In section 28 (judicial determination of existence and extent of access rights and rights of way)—

(a) in subsection (1), in the opening words, for “, on summary application made to the sheriff, for the sheriff ” substitute “for the Land Court, on an application made to it”,

(b) in subsection (2), for “, on summary application made to the sheriff, for the sheriff” substitute “for the Land Court, on an application made to it”,

(c) in subsection (3), for “summary application to the sheriff” substitute “an application to the Land Court”,

(d) in subsection (4), for “A summary” substitute “An”,

(e) in subsection (8)—

(i) in paragraph (a), for “a summary” substitute “an”,

(ii) in paragraph (b), “summary” is repealed.

(4) In section 60A(4) (liability of owner of land for valuation expenses), for “sheriff” substitute “Land Court”.

(5) In section 61 (community right to buy: appeals)—

(a) in subsection (1), for “, by summary application, appeal to the sheriff”, substitute “appeal to the Land Court”,

(b) in subsection (2), for “, by summary application, appeal to the sheriff”, substitute “appeal to the Land Court”,

(c) in subsection (3), for “, by summary application, appeal to the sheriff”, substitute “appeal to the Land Court”,

(d) in subsection (3A), for “sheriff” substitute “Land Court”,

(e) subsection (5) is repealed,

(f) in subsection (7), for “sheriff” substitute “Land Court”.

(6) In section 91 (crofting right to buy: appeals)—

(a) in subsection (1), for “, by summary application, appeal to the sheriff” substitute “appeal to the Land Court”,

(b) in subsection (3), for “, by summary application, appeal to the sheriff” substitute “appeal to the Land Court”,

(c) subsection (6) is repealed,

(d) in subsection (7), for “sheriff shall” substitute “Land Court must”.

(7) Section 97 (Scottish Land Court) is repealed.

(8) In section 97V (community right to buy abandoned, neglected or detrimental land: appeals)—

(a) in subsection (1), for “sheriff” substitute “Land Court”,

(b) in subsection (2), for “sheriff” substitute “Land Court”,

(c) in subsection (4), for “sheriff” substitute “Land Court”,

(d) subsection (7) is repealed,

(e) in subsection (9), for “sheriff” substitute “Land Court”.

Commencement Information

I6 Sch. 2 para. 6 not in force at Royal Assent, see s. 66(2)

Judiciary and Courts (Scotland) Act 2008 S

7 (1) The Judiciary and Courts (Scotland) Act 2008 is modified as follows.

(2) In section 10 (judicial offices within the Board’s remit), in subsection (1), for paragraph (b) substitute—

“(b) the offices of Chair and member of the Scottish Land Court,”.

(3) In schedule 1 (the Judicial Appointments Board for Scotland), after paragraph 16A, insert—

Proceedings relating to the Scottish Land Court

16B (1) Sub-paragraph (2) applies where the Board is exercising any function under this Act in connection with a position mentioned in section 10(1)(b).

(2) At least one member of the Scottish Land Court (“the Land Court”) is to take part in any proceedings relating to the function.

(3) It is for the Chair of the Land Court to select a member of the Land Court to take part as mentioned in sub-paragraph (2) (which member may be the Chair).

(4) Before making a selection under sub-paragraph (3), the Chair of the Land Court must consult the Chairing Member.

(5) The person selected is to be treated as if a member of the Board for the purposes of—

(a) sections 11 to 15 and 17, and

(b) paragraphs 5, 12 and 13 of this schedule.

(6) Sub-paragraph (7) applies if—

(a) the Board is exercising any function under this Act in connection with a position mentioned in section 10(1)(b),

(b) the Board authorises a person appointed under paragraph 13A(1) to assist it in relation to any proceedings relating to the function, and

(c) the person authorised to assist the Board in relation to the proceedings is a member of the Land Court.

(7) The member of the Land Court selected under sub-paragraph (3) may elect not to take part in the proceedings in respect of which the member is also the person authorised to assist.

(8) The Board may not make a determination under paragraph 15 which is inconsistent with this paragraph.

(9) In this paragraph, “Chair of the Land Court” and references to a member of the Land Court are to be construed in accordance with paragraph 2 of schedule 1 of the Crofting and Scottish Land Court Act 2026.”.

Commencement Information

I7 Sch. 2 para. 7 not in force at Royal Assent, see s. 66(2)

Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 S

8 (1) The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 is modified as follows.

(2) In section 2 (functions of the Council)—

(a) in subsection (1)(b), after “Session” insert “, the Scottish Land Court”,

(b) in subsection (6)—

(i) the “and” immediately after paragraph (aa) is repealed,

(ii) after paragraph (b), insert “, and

(c) the Scottish Land Court.”.

Commencement Information

I8 Sch. 2 para. 8 not in force at Royal Assent, see s. 66(2)

Tribunals (Scotland) Act 2014 S

9 (1) The Tribunals (Scotland) Act 2014 is modified as follows.

(2) In section 17 (sheriffs and judges)—

(a) in subsection (2)—

(i) in paragraph (b), for “Chairman” substitute “Chair”,

(ii) the “or” after paragraph (b) is repealed,

(iii) after paragraph (c) insert—

“(d) a suitably qualified member of the Scottish Land Court (as determined under paragraph 13 of schedule 1 of the Crofting and Scottish Land Court Act 2026), or

(e) a suitably qualified member of the Lands Tribunal for Scotland (as determined under section 2(2B) of the Lands Tribunal Act 1949).”,

(b) in subsection (4), for “or the Chairman” substitute “, the Chair or other member”,

(c) in subsection (6), after paragraph (b) insert—

“(c) in the case of a member of the Scottish Land Court (apart from the Chair of that Court), also requires the concurrence of the Chair of that Court,

(d) in the case of a member of the Lands Tribunal for Scotland, also requires the concurrence of the President of that Tribunal.”.

(3) The title of section 17 becomes “Sheriffs, judges and other holders of judicial office”.

(4) In schedule 1 (listed tribunals)—

(a) in Part 1, paragraph 6 is repealed,

(b) in Part 2, sub-paragraph (6) of paragraph 13 is repealed.

(5) In schedule 2 (transfer-in of members), in paragraph 1(3), sub-paragraph (b) and the “or” immediately preceding it are repealed.

Commencement Information

I9 Sch. 2 para. 9 not in force at Royal Assent, see s. 66(2)

Land Reform (Scotland) Act 2016 S

10 (1) The Land Reform (Scotland) Act 2016 is modified as follows.

(2) In section 69 (appeals to sheriff)—

(a) in subsection (1), for “sheriff” substitute “Scottish Land Court”,

(b) in subsection (2), for “sheriff” substitute “Scottish Land Court”,

(c) in subsection (3), for “sheriff” substitute “Scottish Land Court”,

(d) in subsection (5), for “sheriff” substitute “Scottish Land Court”,

(e) in subsection (6), for “sheriff” substitute “Scottish Land Court”,

(f) subsection (8) is repealed,

(g) in subsection (10), for “sheriff” substitute “Scottish Land Court”.

(3) The section title of section 69 becomes “Appeals to the Scottish Land Court”.

Commencement Information

I10 Sch. 2 para. 10 not in force at Royal Assent, see s. 66(2)