Crofting and Scottish Land Court Act 2026

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

(1) The 1993 Act is modified as follows.

(2) After section 29C (inserted by section 6(3)), insert—

“Transfer of owner-occupied crofts

29D Power to make provision about the transfer of owner-occupied crofts

(1) The Scottish Ministers may by regulations make provision for or in connection with the transfer of owner-occupied crofts.

(2) Regulations under this section may, in particular, make provision—

(a) specifying any conditions which must be met, by either by the purchaser or seller, prior to the transfer of an owner-occupied croft (including, for example, a requirement to obtain the prior consent of the Commission),

(b) about the circumstances in which any condition specified may or may not apply in relation to such a transfer,

(c) about the process for determining if such conditions are met including, for example—

(i) any requirement to give public notification of the proposed transfer,

(ii) the period during which, and manner in which, objections may be made, and

(iii) any particular matter to which regard must be had in making such a determination,

(d) in relation to any right in a common grazing which pertains to the owner-occupied croft (including any tenancy of a deemed croft held by the owner-occupier crofter by virtue of section 3(5)(a) in respect of such a common grazing),

(e) about the consequences of completing the transfer of the owner-occupied croft having failed to meet any condition specified (for example, the new owner does not become the owner-occupier crofter of the croft),

(f) conferring functions on a person or persons of a description specified in the regulations,

(g) about—

(i) a person’s right to appeal to the Land Court against a decision of the Commission affecting the transfer of an owner-occupied croft, and

(ii) the grounds on which a person may appeal.

(3) Regulations under this section may also—

(a) modify any enactment (including this Act),

(b) make incidental, supplemental, transitional, transitory or saving provision, and

(c) make different provision for different purposes.

(4) Before making regulations under this section, the Scottish Ministers must consult—

(a) the Crofting Commission,

(b) persons that they consider to be representative of the interests of owner-occupier crofters and crofters, and

(c) any other person they consider appropriate.”.

(3) In section 60 (regulations and orders), in subsection (3)(b), after “section 5C(8B),” (as inserted by section 2(5) of this Act) insert “section 29D,”.