Crofting and Scottish Land Court Act 2026

Prospective

22 Common grazings: unattached shares etc. S

(1) The 1993 Act is modified by subsections (2) to (5).

(2) After section 19C insert—

“19CA Deemed assignation of certain grazing rights

(1) Subsection (2) applies to a transfer of an owner-occupied croft where—

(a) any rights or land of the kind referred to in section 3(4)(a) or (b) were not acquired as part of the croft, but

(b) the owner-occupier crofter holds those rights as a tenancy of a deemed croft in accordance with section 3(5)(a).

(2) Any transfer of the owner-occupied croft includes an assignation of the tenancy of the deemed croft to the person who is acquiring the owner-occupied croft, unless—

(a) the transferor has first obtained the consent of the Commission to the dividing of the owner-occupied croft for the purposes of transfer under section 19D, and

(b) the conveyance of the owner-occupied croft expressly provides otherwise.

(3) For the avoidance of doubt, subsection (2) does not apply to any rights or land of the kind referred to in section 3(4)(a) or (b) which, prior to the croft’s acquisition, did not form part of the croft being transferred unless those rights or land form part of the same common grazing or area as those which were originally deemed to form part of the croft.”.

(3) In section 19D (division of owner-occupied crofts), in subsection (8), after the definition of “original croft” insert—

• ““owner-occupied croft” includes—

  (a)

  any heritable right of grazing which pertains to the croft, and

  (b)

  any rights or land which is held by the owner-occupier crofter by virtue of section 3(5)(a),”.

(4) In section 52 (miscellaneous provision as to common grazings etc.), in subsection (1E)(b), for sub-paragraph (ii) substitute—

“(ii) either—

(A) allocate the share or part to other persons sharing in the common grazing, or

(B) give notice to the owner under section 52ZA(2) in respect of the share or part in the same manner as if it were an unattached grazing share (within the meaning of that section).”.

(5) After section 52, insert—

“52ZA Unattached grazing shares

(1) This section applies to any right or land that is or was deemed to be a croft under section 3(5)(a) (such right or land being referred to in this section as an “unattached grazing share”) which has, for any reason, become vacant.

(2) The Commission may, in respect of an unattached grazing share (“the share”), give notice to the owner requiring the owner to submit to them, before the expiry of the period of 2 months beginning with the day on which the notice is given (“the proposal period”), the owner’s proposals for the allocation and re-letting of the share (in whole or in part).

(3) Not more than three proposals may be submitted to the Commission in response to a notice given under subsection (2).

(4) Where a proposal for the allocation and re-letting of the share is submitted to the Commission in response to a notice given under subsection (2), the Commission must approve or reject the proposal within the period of 5 months beginning with the day on which the notice under subsection (2) was given.

(5) The Commission must (as soon as is reasonably practicable) proceed in accordance with subsections (6) and (7) if—

(a) no proposals for the allocation and re-letting of the share are submitted by the owner before the expiry of the proposal period,

(b) the owner has submitted one or two proposals for the allocation and re-letting of the share within the proposal period, and—

(i) all such proposals are rejected by the Commission, and

(ii) the proposal period has expired, or

(c) the owner has submitted three proposals for the allocation and re-letting of the share within the proposal period and the Commission have rejected all three.

(6) The Commission must, by public notification, invite applications for tenancy of the share within such period as is specified in the notification.

(7) When the period specified in the notice has elapsed, the Commission must determine—

(a) to which of the applicants (if any) to allocate and let the share, and

(b) in consultation with the owner, on what terms and conditions the letting is to occur.

(8) The Commission must consult with the grazings committee (if any) before—

(a) approving or rejecting a proposal under subsection (4), and

(b) determining which applicant is to be allocated and let the share under subsection (7)(a).

(9) Following the allocation and letting of the share (whether by virtue of approval under subsection (4), or as the case may be, determination under subsection (7)(a)), the Commission must ensure that the Register of Crofts and the Crofting Register are appropriately updated.

(10) This section does not limit the powers and duties of the Commission under section 23 (vacant crofts) in respect of an unattached grazing share.

(11) In this section, a reference to the owner is a reference to—

(a) the person who is entitled to any rent which is or may be payable in respect of the share, or

(b) if the person who is so entitled is the former owner of the croft to which the share pertains and cannot after reasonable inquiry be found, the person who is the owner of the common grazing of which the share forms part.

(12) In this section, a reference to the allocation of an unattached grazing share is a reference to the share (in whole or in part) being offered to (either or both)—

(a) a person who already has a share in the common grazing concerned (whether as a crofter or otherwise),

(b) a person who does not have a share in the common grazing concerned.”.

(6) The 2010 Act is modified by subsection (7).

(7) In section 11 (the registration schedule)—

(a) in subsection (2), after paragraph (b), insert—

“(ba) so far as not entered by virtue of paragraph (a), details of any rights or land of the kind referred to in section 3(4)(a) or (b) of the 1993 Act which form part of, pertain to, or are otherwise held in connection with the croft including, in particular, any right or land deemed to be a croft by virtue of section 3(5)(a) of the 1993 Act (and, if appropriate, a reference to the registration schedule of that deemed croft),

(bb) where the croft is a deemed croft by virtue of section 3(5)(a) of the 1993 Act, details (if any) of the croft to which it pertains or is held in connection with,”,

(b) in subsection (3), in paragraph (a), after “not” insert “(except to the extent required by subsection (2)(ba))”.

Commencement Information

I1 S. 22 not in force at Royal Assent, see s. 66(2)