The Scottish Government passed the Crofting Reform (Scotland) Bill on 2 July 2010. The Act, not yet in force, covers:

• Re-organisation of The Crofters Commission

• Establishing a Crofting Register

• Duties of Crofters

The Crofters Commission

The Crofters Commission is re-named The Crofting Commission with responsibility for promotion and regulation of crofting. The Commission will report annually to the Scottish Ministers.

The Crofting Register

The new Register covers individual crofts and common grazings. The Act distinguishes “unregistered crofts” and “registered crofts”.

New crofts must be registered when created; owner occupied crofts when transferred and all other crofts when events affecting their status, including resumption, occur. The trigger events for re-registration of registered crofts are similar to those for first registration.

A purchaser of land comprising of unregistered crofts does not need to register the individual crofts but must do so if registered croft land is included.

Registration Process

An application is submitted to the Crofting Commission to check and forward to the Keeper of the Land Register.

In the case of registered crofts the Keeper amends the schedule for such crofts. For first registrations, the Keeper issues a certificate confirming registration, with a copy to the Commission.

The Commission notifies the registration to interested parties such as the landlord and neighbours.

Anyone aggrieved by the registration may appeal to the Land Court within 9 months from the date the notification is issued.

Common Grazings

New grazings must be registered; existing grazings may be registered by the Commission. Changes of ownership of registered grazings and most other acts, including resumption, which affects the status or extent of the grazings, will trigger registration.

Offences

Failure to register changes of ownership of owner occupied crofts or changes of landlords of registered croft land within 1 year will be an offence.

Implications for Resumption

The Land Court may not authorise resumption from unregistered crofts unless a registration application is submitted within six months from the date of the resumption application.

For registered croft land the resumption authorisation expires after three months unless an application to register the authorisation is made.

Crofters’ Duties

Crofters must not misuse or neglect crofts. “Misuse” occurs if the croft is not cultivated; “neglect” if not managed in accordance with the Cross Compliance Regulations. Planned conservation activities are not misuse or neglect.

Owner Occupiers

Owner/occupiers cease to be landlords of vacant crofts and have their own status as owner/occupiers.

Residency

Crofters must reside within 32 kilometres of their crofts unless the Commission consents, if there is good reason, to their absence.

Breaches

The Commission will have power to investigate breaches and enforce compliance. Failure to remedy breaches may result in the Commission terminating tenancies or re- letting crofts.

Lettings by Owner Occupiers

Owner/occupiers may grant “short leases” to tenants who will not be crofters or tenants under the Agricultural Holdings (Scotland) Acts.

Resumption and De-crofting

The Land Court and the Crofting Commission have to take account of the effect that resumption or decrofting has on the sustainability of crofting.

De-crofting orders should not be given unless there is evidence that the vacant croft cannot be re-let.

Sales to Crofters and to Nominees

A crofter purchasing croft land may only nominate a member of his family. The clawback period in which landlords who have sold croft land may share in the value increases to 10 years.

Further Information

For further information on this or any crofting issue please contact Adele Nicol, Diana Thurston Smith or your usual contact within the Land Resources Department.

This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.