12Meaning of “owner-occupier crofter” etc.(1)

The 1993 Act is modified as follows.

(2)

In section 19B (meaning of “owner-occupier crofter”)—

(a)

in subsection (1)—

(i)

the words “all the conditions in subsections (2) to (4) are satisfied,” become paragraph (a),

(ii)

after that paragraph insert—(b)

the Commission determined the person to be an owner-occupier crofter at the time the land was constituted as a croft under section 3A (see section 3AZA), or

(c)

the Commission determines the person to be an owner-occupier crofter under section 19BA(1).

(b)

for subsection (2), substitute—(2)

The first condition is that—

(a)

the person is the owner of a croft, and

(b)

if the person became the owner of the croft after the relevant date, the person is an individual.

(c)

in subsection (3)—

(i)

the “or” immediately following paragraph (b) is repealed,

(ii)

after paragraph (b), insert—(ba)

is a successor in title to a person who was determined by the Commission to be the owner-occupier crofter of the croft at the time the land was constituted as a croft under section 3A,

(ii)

after paragraph (c), insert—(d)

purchased the croft from a non-natural person that became the owner of the croft after the relevant date having acquired the croft from the owner-occupier crofter of the croft or having purchased the croft from the constituting landlord (or is a successor in title to such a person who purchased the croft from the non-natural person), or

(e)

is a successor in title to a person who was determined by the Commission to be the owner-occupier crofter of the croft under section 19BA.

(d)

in subsection (4)—

(i)

the “or” immediately following paragraph (a) is repealed,

(ii)

after paragraph (b) insert—(c)

at any time since it was purchased by the non-natural person as mentioned in subsection (3)(d), or

(d)

at any time since the Commission made their determination as mentioned in subsection (3)(e).

(e)

after subsection (5) insert—(5A)

For the purposes of subsections (2) and (3)—

“owner” includes a person whose title to a croft has not been completed by being registered in the Land Register of Scotland or, as the case may be, recorded in the General Register of Sasines,

“relevant date” is the date on which section 12(2) of the Crofting and Scottish Land Court Act 2026 comes into force.

(f)

after subsection (6) insert—(7)

The Scottish Ministers may by regulations make further provision about circumstances in which the first condition is satisfied including, in particular, provision about what land or rights may be considered a croft (or a part of a croft) for the purpose of that condition.

(8)

Before making regulations under subsection (7), the Scottish Ministers must consult the Commission.

(9)

Regulations under subsection (7) may include such consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient.

(3)

After section 19B insert—

19BADetermination that a person is the owner-occupier crofter in certain circumstances(1)

The Commission may, on an application from an individual who is the owner of a registered croft that is vacant, determine that the applicant is the owner-occupier crofter of the croft.

(2)

Section 58A applies to the Commission making a determination under subsection (1) as it applies to the Commission making a decision in respect of an application for approval or consent.

(3)

Where an owner has submitted an application under subsection (1), the duties in section 23(5) and (5A) do not apply until the Commission has determined the application.

(4)

The notification requirement arising by virtue of section 23(12A) does not apply where an owner of a vacant croft is determined to be an owner-occupier crofter under subsection (1).

(5)

For the purposes of subsection (1), “owner” is to be construed in accordance with section 19B(2) (including any regulations made in that regard under section 19B(7)).