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