Crofting and Scottish Land Court Act 2026
2026 asp 17 · Enacted 18 May 2026 · Extends to Scotland
An Act of the Scottish Parliament to amend crofting law; to provide for the merger of the Scottish Land Court and the Lands Tribunal for Scotland; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th March 2026 and received Royal Assent on 18th May 2026
Contents
- Part 1: Crofting reform Not yet in force
- Chapter 1: Crofts and crofters Not yet in force
- Duties Not yet in force
- 1General functions of the Commission Not yet in force
- 2Enabling environmental uses of crofts Not yet in force
- 3Removal of timescales for deciding applications Not yet in force
- 4Reporting on breaches of duties Not yet in force
- 5Enforcement of duties Not yet in force
- 6Enforcement action against subtenants and tenants of short leases Not yet in force
- 7Power to decline to act until information provided Not yet in force
- 8Monetary penalties for non-compliance with crofting duties Not yet in force
- 9Statutory conditions: entitlement to fixed equipment Not yet in force
- Assignations Not yet in force
- 10Assignations to family members Not yet in force
- Owner-occupier crofters Not yet in force
- 11New crofts: power to determine applicant will become the owner-occupier crofter Not yet in force
- 12Meaning of “owner-occupier crofter” etc. Not yet in force
- 13Power to make provision about the sale of owner-occupied crofts Not yet in force
- Restriction on assignation and acquisition following Commission let Not yet in force
- 14Ten-year restriction on assignation and acquisition following Commission let Not yet in force
- 15Authorisation by Land Court of acquisition of croft land: breach of duty Not yet in force
- Requirement for proposed crofter to be aware of duties Not yet in force
- 16Requirement for proposed crofter to be aware of duties Not yet in force
- Absences from crofts Not yet in force
- 17Guidance relating to absences from crofts Not yet in force
- Decrofting Not yet in force
- 18Decrofting direction: rationalisation of routes and requirements Not yet in force
- 19Commission decision-making on decrofting applications Not yet in force
- Boundaries: adjustment and remapping Not yet in force
- 20Commission’s power to adjust boundaries Not yet in force
- Common grazings Not yet in force
- 21Common grazings: acquisition of shares with croft Not yet in force
- 22Common grazings: unattached shares etc. Not yet in force
- 23Grazings committees meetings Not yet in force
- 24Appointment, etc., of grazings committee or grazings constable: appeal to Land Court Not yet in force
- 25Use of common grazings for forestry or environmental purposes Not yet in force
- 26Consultation on common grazings Not yet in force
- Meaning of crofting community, parish and township Not yet in force
- 27Meaning of “crofting community”, “parish” and “township” Not yet in force
- Crofts not to be private residential tenancies Not yet in force
- 28Tenancies which cannot be private residential tenancies Not yet in force
- Commission’s directions etc. Not yet in force
- 29Power of Commission to correct inaccuracies in directions etc. Not yet in force
- Chapter 2: Registration Not yet in force
- Register of Crofts Not yet in force
- 30Requirement to give Commission notice of change of ownership Not yet in force
- 31Changes to the content required in the Register of Crofts Not yet in force
- Registration in the Crofting Register Not yet in force
- 32First registration of crofts purchased by tenant crofter Not yet in force
- 33Payment of fees for applications for registration Not yet in force
- 34Requirement for certain applications for first registration to be copied to landlord Not yet in force
- 35Notification of first registration Not yet in force
- 36Rectification of the Crofting Register Not yet in force
- 37Form of applications for registration Not yet in force
- Requirement for croft to be registered Not yet in force
- 38Enlargement of croft Not yet in force
- 39Exchange of croft or parts of crofts Not yet in force
- 40Assignation of croft Not yet in force
- 41Division of crofts and owner-occupied crofts Not yet in force
- 42Resumption of croft or part of croft by landlord Not yet in force
- 43Reversion of resumed land Not yet in force
- 44Decrofting in case of resumption or vacancy of croft Not yet in force
- 45Provisions as to right to sublet Not yet in force
- 46Letting of owner-occupied crofts Not yet in force
- 47Requirement for croft to be registered (miscellaneous provisions) Not yet in force
- Chapter 3: Miscellaneous Not yet in force
- Service of notices and public notification Not yet in force
- 48Service of notices Not yet in force
- 49Public notification Not yet in force
- 50Crofting census notices Not yet in force
- The Crofting Commission Not yet in force
- 51Appointment of Chair Not yet in force
- 52Appointed members: special considerations Not yet in force
- 53Chairing of Commission meetings and committees Not yet in force
- Review of crofting legislation Not yet in force
- 54Review of crofting legislation Not yet in force
- Interpretation of Part 1 Not yet in force
- 55Interpretation of Part 1 Not yet in force
- Part 2: Merger of the Scottish Land Court and the Lands Tribunal for Scotland
- The Scottish Land Court
- 56The Scottish Land Court
- Merger of the Scottish Land Court and the Lands Tribunal for Scotland
- 57Merger of the Scottish Land Court and the Lands Tribunal for Scotland Not yet in force
- 58Savings etc. Not yet in force
- 59Power to make further provision in connection with the merger etc.
- 60Transitory provision: eligibility of suitable members of Lands Tribunal for Scotland to sit in Upper Tribunal
- 61Giving or updating guidance on access rights Not yet in force
- 62Reviews of the operation and jurisdiction of the Court Not yet in force
- Part 3: General
- 63Minor and consequential provision
- 64Regulations
- 65Ancillary provision
- 66Commencement
- 67Short title
- Schedule 1: The Scottish Land Court
- Part 1: Administration and organisation Not yet in force
- 1Incorporation Not yet in force
- 2Appointment of members and Chair of the Court Not yet in force
- 3Designation and functions of Deputy Chair Not yet in force
- 4Principal clerk Not yet in force
- 5Remuneration Not yet in force
- 6Remuneration Not yet in force
- 7Remuneration Not yet in force
- 8Remuneration Not yet in force
- 9Quorum and delegation Not yet in force
- 10Quorum and delegation Not yet in force
- 11Quorum and delegation Not yet in force
- 12Quorum and delegation Not yet in force
- 13Eligibility to act as members of the Upper Tribunal for Scotland Not yet in force
- 14Fitness for office and removal of members of the Court Not yet in force
- Part 2: Jurisdiction of the Court Not yet in force
- 15General Not yet in force
- 16Access rights Not yet in force
- 17Agriculture and agricultural holdings Not yet in force
- 18Arbitration and compensation Not yet in force
- 19Arbitration and compensation Not yet in force
- 20Arbitration and compensation Not yet in force
- 21Community rights to buy: appeals Not yet in force
- 22Community rights to buy: appeals Not yet in force
- 23Crofting and crofting community right to buy Not yet in force
- 24March Dykes, runrig and commonties Not yet in force
- 25Small landholdings Not yet in force
- 26Succession to certain leases Not yet in force
- Part 3: Rules, procedure, expenses and powers
- 27Rules of court
- 28Procedure Not yet in force
- 29Procedure Not yet in force
- 30Powers Not yet in force
- 31Finality of decisions and special cases Not yet in force
- 32Expenses Not yet in force
- 33Enforcement Not yet in force
- 34Accounts Not yet in force
- Part 4: Interpretation
- 35Interpretation
- Schedule 2: Minor and consequential amendments
- Part 1: Crofting reform Not yet in force
- 1Crofters (Scotland) Act 1993 Not yet in force
- 2Crofting Reform (Scotland) Act 2010 Not yet in force
- Part 2: Scottish Land Court
- 3Lands Tribunal Act 1949 Not yet in force
- 4Succession (Scotland) Act 1964 Not yet in force
- 5Scottish Land Court Act 1993 Not yet in force
- 6Land Reform (Scotland) Act 2003 Not yet in force
- 7Judiciary and Courts (Scotland) Act 2008 Not yet in force
- 8Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 Not yet in force
- 9Tribunals (Scotland) Act 2014
- 10Land Reform (Scotland) Act 2016 Not yet in force