Crofting and Scottish Land Court Act 2026

Prospective

49 Public notification S

(1) The 1993 Act is modified by subsections (2) to (4).

(2) In section 25 (provisions supplementary to s.24(3)), for subsection (6) substitute—

“(6) The Commission must—

(a) give public notification of all applications under section 24(3) or subsection (4) (except an application made in respect of a part of a croft consisting only of the site of the dwelling-house on or pertaining to the croft or only of land the conveyance in feu of which was granted under section 17 or 18 of the 1955 Act), and

(b) before disposing of such an application, if requested by the applicant, afford a hearing to the applicant and to such other person as they think fit.”.

(3) For section 55A (public notification) substitute—

“55A Public notification

(1) The Scottish Ministers may by regulations make provision about the giving of public notification under—

(a) this Act, and

(b) section 12(8) of the 2010 Act.

(2) Regulations under subsection (1) may, in particular, make provision about—

(a) the ways in which notice must, may or may not be effected,

(b) the form and content of any notice,

(c) the length of time for which a notice is required to be publicly available,

(d) what payments (if any) the Commission is entitled to charge for publishing a notice (for example on a website).

(3) Before making regulations under subsection (1), the Scottish Ministers must consult the Commission.

(4) Regulations under subsection (1) may—

(a) make different provision for different purposes,

(b) include incidental, supplementary, consequential, transitional, transitory or saving provision.

55B Form of public notices

(1) The Commission is to—

(a) specify the form and content of any notice which is to be used for the purpose of giving public notification under this Act or section 12(8) of the 2010 Act (“form of notice”), which may include a requirement to specify—

(i) the purpose of an application to which a notice relates (or in the case of regulations the matters which are required to be set out in it by virtue of section 50B(4)),

(ii) a description of the croft land or, as the case may be, common grazing to which the application relates (or regulations relate), and

(iii) in the case of an application, the period during which, and manner in which, objections may be made, and

(b) publish, in such manner as the Commission considers appropriate, any form of notice it specifies is to be used.

(2) If a form of notice is prescribed under section 55A(1), the Commission is to specify and publish that form of notice.

(3) Where, in accordance with the provisions of this Act, a person giving public notification is also required to serve notice on a landlord, tenant or occupier of croft land to which the application relates or, if applicable, on the owner of, or a crofter sharing in, the common grazing, such notice must be in the form required by this section.”.

(4) In section 61(1) (interpretation), in the definition of “public notification” for “has the meaning given by” substitute “is to be construed in accordance with regulations made under”.

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

(6) In section 12 (notification of first registration)—

(a) in subsection (8)—

(i) in the opening words, for “public notice of the registration of the croft by—” substitute “public notification of the registration of the croft.”,

(ii) paragraphs (a) and (b) are repealed,

(b) subsections (9) and (10) are repealed.

Commencement Information

I1 S. 49 not in force at Royal Assent, see s. 66(2)