Crofting and Scottish Land Court Bill: business and regulatory impact assessment

Section 5: Next steps and implementation

Recommendations/ preferred options

Crofting

257. This Final BRIA lays out the rationale behind the proposals for crofting law reform presented in the Crofting and Scottish Land Court Bill. This legislation will be brought forward in Parliament and subject to gaining parliamentary approval and Royal Assent its provisions will be commenced and implemented.

Scottish Land Court

258. The recommended and preferred option is for the amalgamation of the Land Court and the Lands Tribunal for Scotland to be effected, with the jurisdiction of the Lands Tribunal to be transferred to the Scottish Land Court, as agreed by Ministers in 2021.

259. The Scottish Land Court provisions within the Bill are intended to streamline the administration of the services that the Land Court and the Lands Tribunal currently offer. The main gain in terms of efficiency would be expected to come from the ability to deploy personnel flexibly so that the full range of skills and expertise is available across the whole jurisdiction. The public will be better served by the creation of a single body to deal with the range of issues currently dealt with either by the Land Court or the Lands Tribunal. The Upper Tribunal provisions will lead to efficiencies from the ability to deploy personnel flexibly so that every case is dealt with by people with the appropriate skills and expertise.

Implementation considerations/ plan

Crofting

260. Subject to being passed by Parliament, the measures in the Bill will be commenced and implemented. The earliest possible date for commencement is July 2026. For most measures the delivery body will be the Crofting Commission, with some, relating to the Crofting Register, also involving the Keeper of the Registers of Scotland. New or revised guidance will be produced and publicised as required by the regulatory bodies. Efforts to ensure awareness among crofting stakeholders of regulatory changes as they are brought in will also be made by Scottish Government officials as part of their ongoing stakeholder engagement.

Scottish Land Court

261. The Bill provides for the amalgamation to be effected. In order for the policy to be implemented, court rules will require to be drafted. This is undertaken by the Scottish Civil Justice Council, which has responsibility for drafting court rules. The Lord President and the Chair of the Land Court/President of the Lands Tribunal will be consulted on the proposed rules.

262. Scotland Act Orders will be required to address reserved matters such as the remuneration of members of the Lands Tribunal. Ongoing engagement with the UK Government will also be needed to ensure that members of the Land Court have access to a judicial pension. It is estimated that rules and Scotland Act Orders may take up to two years to be finalised.

Post implementation review

Crofting

263. Given that implementation of most of the crofting measures in the Bill will be overseen by the Crofting Commission, monitoring of their effectiveness will in the first instance be undertaken by Scottish Government officials working in a sponsorship capacity with the Commission. The broad criteria for judging the success of the measures will derive from the purposes and goals set out in this and other impact assessments, along with the supporting documents published alongside the Bill. More detailed targets and performance indicators will be agreed closer to the time of implementation.

264. In addition, officials will continue to undertake regular engagement with crofting stakeholders, including membership organisations, and will gather feedback on how the new provisions are being received and implemented.

265. Longer term, the Scottish Government believes that there is need for further conversations on crofting law and how it can complement future agricultural and environmental strategies. An assessment of how the measures in the present Bill are performing post-implementation will form part of that review.

Scottish Land Court

266. Officials have regular engagement with judicial stakeholders and SCTS and will use that opportunity to monitor the effectiveness of the amalgamation and ensure that any amendments are considered where there is evidence that these are required.