Crofting and Scottish Land Court Act 2026

Prospective

20 Commission’s power to adjust boundaries S

(1) The 1993 Act is modified by subsection (2).

(2) After section 39, insert—

“Boundaries S

39A Commission’s power to adjust boundaries

(1) This section applies where two or more crofters or owner-occupier crofters of registered crofts agree that the boundaries of their respective crofts should be adjusted.

(2) The crofters or owner-occupier crofters may apply jointly to the Commission for a direction that the boundaries be adjusted (a “boundaries adjustment”).

(3) An application must include a plan based on the ordnance map (or such other map as the Commission considers appropriate) identifying the requested boundaries of the crofts.

(4) The Commission may make a direction if they are satisfied that—

(a) in the case of an application involving a crofter, the crofter (or each of them) has obtained the consent of the landlord of the croft to make an application under subsection (2),

(b) either—

(i) the period mentioned in section 12(5) of the 2010 Act, in relation to each registered croft, has expired with no application having been made to the Land Court under section 14(1) of that Act during that period, or

(ii) if such an application was made—

(A) the application was abandoned, or

(B) the Court has disposed of the application by making an order under section 14(4)(b) of the 2010 Act or (as the case may be) by making no order under section 14(4)(b) of that Act, and

(c) the boundaries adjustment does not affect any land deemed to form part of a croft by virtue of section 3(4) or deemed to be a croft by virtue of section 3(5).

(5) A direction under this section—

(a) may be given subject to conditions (including, for example, that any specified land be conveyed),

(b) may not alter the total area of the land comprising the crofts affected by the boundaries adjustment.

(6) Section 58A, as modified by subsection (7) of this section, applies to the Commission making a direction under this section as it applies to the Commission making a decision in respect of an application for approval or consent.

(7) The following provisions of section 58A do not apply for the purpose of making a determination under this section—

(a) subsections (3) to (5B),

(b) in subsection (6), the words “When those 28 days have elapsed”,

(c) paragraphs (e) and (f) of subsection (7),

(d) paragraph (b) of subsection (12A), and

(e) subsections (16) and (17).

(8) Where the Commission make a direction under this section—

(a) the direction expires at the end of the period of 3 months beginning with the date on which the direction is made or, if any conditions are specified in the direction, the date on which such conditions are satisfied unless an application for registration of the boundaries adjustment is submitted by virtue of section 5 of the 2010 Act before the expiry of that period,

(b) the boundaries adjustment takes effect on the date of registration.

39B Commission’s power to remap boundaries

(1) This section applies where an owner, a crofter or owner-occupier crofter of a registered croft considers that—

(a) the description of the croft in the registration schedule does not correspond with the occupied extent of the croft or the boundary is otherwise inaccurate or undesirable in some respect, and

(b) either (or both)—

(i) land ought to be added to the extent of the croft,

(ii) land ought to be removed from the extent of the croft.

(2) The owner, crofter or owner-occupier crofter may apply to the Commission for a direction that the boundary be remapped (“a boundary remapping”).

(3) A person making an application under subsection (2) may make the application jointly with one or more other persons under that subsection.

(4) An application must include a plan based on the ordnance map (or such other map as the Commission considers appropriate) identifying the requested boundary and extent of the croft.

(5) The Commission may make a direction if they are satisfied that—

(a) the description of the croft in the registration schedule does not correspond with the occupied extent of the croft or the boundary is otherwise inaccurate or undesirable in some respect,

(b) either—

(i) the period mentioned in section 12(5) of the 2010 Act, in relation to the registered croft, has expired with no application having been made to the Land Court under section 14(1) of that Act during that period, or

(ii) if such an application was made—

(A) the application was abandoned, or

(B) the Court has disposed of the application by making an order under section 14(4)(b) of the 2010 Act or (as the case may be) by making no order under section 14(4)(b) of that Act,

(c) the applicant has obtained the consent of—

(i) any person the Commission considers has a relevant interest in the application, and

(ii) any other person as may be specified in regulations made under subsection (9), and

(d) the boundary remapping does not affect any land deemed to form part of a croft by virtue of section 3(4) or deemed to be a croft by virtue of section 3(5).

(6) A direction under this section may be given subject to conditions (including, for example, that any specified land be conveyed).

(7) Section 58A applies to the Commission making a direction under this section as it applies to the Commission making a decision in respect of an application for approval or consent.

(8) Where the Commission make a direction under this section—

(a) the direction expires at the end of the period of 3 months beginning with the date on which the direction is made or, if any conditions are specified in the direction, the date on which such conditions are satisfied unless an application for registration of the boundary remapping is submitted by virtue of section 5 of the 2010 Act before the expiry of that period,

(b) the boundary remapping takes effect on the date of registration.

(9) The Scottish Ministers may by regulations make further provision for the purposes of this section, including—

(a) by specifying any persons, or descriptions of persons, whose consent must be obtained for the purposes of subsection (5)(c)(ii),

(b) by specifying further persons, or descriptions of persons, who are entitled to make an application to the Commission for a direction that the boundary be remapped under this section,

(c) by making different provision for different applicants, types of land or circumstances.”.

(3) The 2010 Act is modified by subsections (4) and (5).

(4) In section 5(3) (registration of events affecting registered crofts), after paragraph (o), insert—

“(oa) the making of a direction under section 39A to adjust the boundaries of two or more crofts,

(ob) the making of a direction under section 39B to remap the boundary of the croft,”.

(5) In schedule 2, in table 2, after the entry relating to the preparation of a reorganisation scheme as mentioned in section 5(3)(o), insert—

“The making of a direction as mentioned in section 5(3)(oa)	The crofters, or owner-occupier crofters, who applied for that direction
The making of a direction as mentioned in section 5(3)(ob)	The person who applied for that direction or, if the application was made jointly with other persons, those persons jointly”

Commencement Information

I1 S. 20 not in force at Royal Assent, see s. 66(2)