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Crofting and Scottish Land Court Act 2026

2026 asp 17 · Enacted 18 May 2026 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 26 October 2026.

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

  1. Part 1: Crofting reform Not yet in force
  2. Chapter 1: Crofts and crofters Not yet in force
  3. Duties Not yet in force
  4. 1General functions of the Commission Not yet in force
  5. 2Enabling environmental uses of crofts Not yet in force
  6. 3Removal of timescales for deciding applications Not yet in force
  7. 4Reporting on breaches of duties Not yet in force
  8. 5Enforcement of duties Not yet in force
  9. 6Enforcement action against subtenants and tenants of short leases Not yet in force
  10. 7Power to decline to act until information provided Not yet in force
  11. 8Monetary penalties for non-compliance with crofting duties Not yet in force
  12. 9Statutory conditions: entitlement to fixed equipment Not yet in force
  13. Assignations Not yet in force
  14. 10Assignations to family members Not yet in force
  15. Owner-occupier crofters Not yet in force
  16. 11New crofts: power to determine applicant will become the owner-occupier crofter Not yet in force
  17. 12Meaning of “owner-occupier crofter” etc. Not yet in force
  18. 13Power to make provision about the sale of owner-occupied crofts Not yet in force
  19. Restriction on assignation and acquisition following Commission let Not yet in force
  20. 14Ten-year restriction on assignation and acquisition following Commission let Not yet in force
  21. 15Authorisation by Land Court of acquisition of croft land: breach of duty Not yet in force
  22. Requirement for proposed crofter to be aware of duties Not yet in force
  23. 16Requirement for proposed crofter to be aware of duties Not yet in force
  24. Absences from crofts Not yet in force
  25. 17Guidance relating to absences from crofts Not yet in force
  26. Decrofting Not yet in force
  27. 18Decrofting direction: rationalisation of routes and requirements Not yet in force
  28. 19Commission decision-making on decrofting applications Not yet in force
  29. Boundaries: adjustment and remapping Not yet in force
  30. 20Commission’s power to adjust boundaries Not yet in force
  31. Common grazings Not yet in force
  32. 21Common grazings: acquisition of shares with croft Not yet in force
  33. 22Common grazings: unattached shares etc. Not yet in force
  34. 23Grazings committees meetings Not yet in force
  35. 24Appointment, etc., of grazings committee or grazings constable: appeal to Land Court Not yet in force
  36. 25Use of common grazings for forestry or environmental purposes Not yet in force
  37. 26Consultation on common grazings Not yet in force
  38. Meaning of crofting community, parish and township Not yet in force
  39. 27Meaning of “crofting community”, “parish” and “township” Not yet in force
  40. Crofts not to be private residential tenancies Not yet in force
  41. 28Tenancies which cannot be private residential tenancies Not yet in force
  42. Commission’s directions etc. Not yet in force
  43. 29Power of Commission to correct inaccuracies in directions etc. Not yet in force
  44. Chapter 2: Registration Not yet in force
  45. Register of Crofts Not yet in force
  46. 30Requirement to give Commission notice of change of ownership Not yet in force
  47. 31Changes to the content required in the Register of Crofts Not yet in force
  48. Registration in the Crofting Register Not yet in force
  49. 32First registration of crofts purchased by tenant crofter Not yet in force
  50. 33Payment of fees for applications for registration Not yet in force
  51. 34Requirement for certain applications for first registration to be copied to landlord Not yet in force
  52. 35Notification of first registration Not yet in force
  53. 36Rectification of the Crofting Register Not yet in force
  54. 37Form of applications for registration Not yet in force
  55. Requirement for croft to be registered Not yet in force
  56. 38Enlargement of croft Not yet in force
  57. 39Exchange of croft or parts of crofts Not yet in force
  58. 40Assignation of croft Not yet in force
  59. 41Division of crofts and owner-occupied crofts Not yet in force
  60. 42Resumption of croft or part of croft by landlord Not yet in force
  61. 43Reversion of resumed land Not yet in force
  62. 44Decrofting in case of resumption or vacancy of croft Not yet in force
  63. 45Provisions as to right to sublet Not yet in force
  64. 46Letting of owner-occupied crofts Not yet in force
  65. 47Requirement for croft to be registered (miscellaneous provisions) Not yet in force
  66. Chapter 3: Miscellaneous Not yet in force
  67. Service of notices and public notification Not yet in force
  68. 48Service of notices Not yet in force
  69. 49Public notification Not yet in force
  70. 50Crofting census notices Not yet in force
  71. The Crofting Commission Not yet in force
  72. 51Appointment of Chair Not yet in force
  73. 52Appointed members: special considerations Not yet in force
  74. 53Chairing of Commission meetings and committees Not yet in force
  75. Review of crofting legislation Not yet in force
  76. 54Review of crofting legislation Not yet in force
  77. Interpretation of Part 1 Not yet in force
  78. 55Interpretation of Part 1 Not yet in force
  79. Part 2: Merger of the Scottish Land Court and the Lands Tribunal for Scotland
  80. The Scottish Land Court
  81. 56The Scottish Land Court
  82. Merger of the Scottish Land Court and the Lands Tribunal for Scotland
  83. 57Merger of the Scottish Land Court and the Lands Tribunal for Scotland Not yet in force
  84. 58Savings etc. Not yet in force
  85. 59Power to make further provision in connection with the merger etc.
  86. 60Transitory provision: eligibility of suitable members of Lands Tribunal for Scotland to sit in Upper Tribunal
  87. 61Giving or updating guidance on access rights Not yet in force
  88. 62Reviews of the operation and jurisdiction of the Court Not yet in force
  89. Part 3: General
  90. 63Minor and consequential provision
  91. 64Regulations
  92. 65Ancillary provision
  93. 66Commencement
  94. 67Short title
  95. Schedule 1: The Scottish Land Court
  96. Part 1: Administration and organisation Not yet in force
  97. 1Incorporation Not yet in force
  98. 2Appointment of members and Chair of the Court Not yet in force
  99. 3Designation and functions of Deputy Chair Not yet in force
  100. 4Principal clerk Not yet in force
  101. 5Remuneration Not yet in force
  102. 6Remuneration Not yet in force
  103. 7Remuneration Not yet in force
  104. 8Remuneration Not yet in force
  105. 9Quorum and delegation Not yet in force
  106. 10Quorum and delegation Not yet in force
  107. 11Quorum and delegation Not yet in force
  108. 12Quorum and delegation Not yet in force
  109. 13Eligibility to act as members of the Upper Tribunal for Scotland Not yet in force
  110. 14Fitness for office and removal of members of the Court Not yet in force
  111. Part 2: Jurisdiction of the Court Not yet in force
  112. 15General Not yet in force
  113. 16Access rights Not yet in force
  114. 17Agriculture and agricultural holdings Not yet in force
  115. 18Arbitration and compensation Not yet in force
  116. 19Arbitration and compensation Not yet in force
  117. 20Arbitration and compensation Not yet in force
  118. 21Community rights to buy: appeals Not yet in force
  119. 22Community rights to buy: appeals Not yet in force
  120. 23Crofting and crofting community right to buy Not yet in force
  121. 24March Dykes, runrig and commonties Not yet in force
  122. 25Small landholdings Not yet in force
  123. 26Succession to certain leases Not yet in force
  124. Part 3: Rules, procedure, expenses and powers
  125. 27Rules of court
  126. 28Procedure Not yet in force
  127. 29Procedure Not yet in force
  128. 30Powers Not yet in force
  129. 31Finality of decisions and special cases Not yet in force
  130. 32Expenses Not yet in force
  131. 33Enforcement Not yet in force
  132. 34Accounts Not yet in force
  133. Part 4: Interpretation
  134. 35Interpretation
  135. Schedule 2: Minor and consequential amendments
  136. Part 1: Crofting reform Not yet in force
  137. 1Crofters (Scotland) Act 1993 Not yet in force
  138. 2Crofting Reform (Scotland) Act 2010 Not yet in force
  139. Part 2: Scottish Land Court
  140. 3Lands Tribunal Act 1949 Not yet in force
  141. 4Succession (Scotland) Act 1964 Not yet in force
  142. 5Scottish Land Court Act 1993 Not yet in force
  143. 6Land Reform (Scotland) Act 2003 Not yet in force
  144. 7Judiciary and Courts (Scotland) Act 2008 Not yet in force
  145. 8Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 Not yet in force
  146. 9Tribunals (Scotland) Act 2014
  147. 10Land Reform (Scotland) Act 2016 Not yet in force