Crofting and Scottish Land Court Act 2026

Prospective

8 Monetary penalties for non-compliance with crofting duties S

(1) The 1993 Act is modified as follows.

(2) After section 59A insert—

“59B Power to make provision for imposing monetary penalties for non-compliance

(1) The Scottish Ministers may by regulations—

(a) confer upon the Commission the power to impose and collect monetary penalties on persons who do not comply with such duties under this Act as are specified in the regulations,

(b) repeal or adjust any existing criminal offence and associated penalty for such duties, and

(c) make such further provision as they consider appropriate in connection with the imposition and collection of such penalties.

(2) Regulations under this section must—

(a) provide for the imposition of a monetary penalty to be by way of written notice (a “penalty notice”),

(b) specify the amount of any penalty that may be imposed by the Commission,

(c) require penalties to be paid to the Commission,

(d) provide for the recovery of unpaid penalties as a civil debt,

(e) make provision about—

(i) a person’s right to appeal to the Land Court against a decision of the Commission to impose a penalty on the person, and

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

(3) A penalty notice must include information as to—

(a) the grounds for imposing the penalty,

(b) the amount of the penalty,

(c) how payment may be made,

(d) the period within which payment must be made,

(e) rights of appeal, and

(f) the consequences of failure to make payment within the period specified.

(4) The maximum monetary penalty that may be provided for in regulations under this section is to be no more than the maximum penalty that could be imposed in respect of an offence under level 1 on the standard scale.

(5) Without limit to the generality of subsection (1)(c), regulations under this section may include provision—

(a) specifying the form of a penalty notice,

(b) about additional information which may or must be included in a penalty notice,

(c) about the circumstances in which a penalty notice may or may not be issued (including any test which must be satisfied before the Commission may do so),

(d) about the withdrawal of penalty notices including when it is permissible, the effects of such withdrawal and the procedure by which the withdrawal is effected,

(e) enabling the Commission to extend the period in which payment must be made in any particular case if the Commission considers it appropriate to do so,

(f) about the methods by which penalties may be paid,

(g) about the consequence of failing to make payment of the penalty within the period specified,

(h) specifying additional procedure relating to decisions to impose a penalty or the issuing of penalty notices,

(i) requiring the keeping of accounts and the preparation and publication of statements of account relating to penalties.

(6) 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.

(7) 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 crofters, and

(c) any other person they consider appropriate.

(8) In this section, “the standard scale” has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995.”.

(3) In section 60 (regulations and orders), in subsection (3)(b), after “section 50(10)” (as inserted by section 25(7) of this Act) insert “, section 59B”.

Commencement Information

I1 S. 8 not in force at Royal Assent, see s. 66(2)