Crofting and Scottish Land Court Bill: child rights and wellbeing impact assessment

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?

2.1 Crofting

No aspects of the Bill are deemed directly relevant to the UNCRC (Incorporation) (Scotland) Act 2024 and its requirements.

The Bill addresses specific legislative priorities that have been identified by the Scottish Government and stakeholders as a barrier to the operation and development of crofting. The crofting proposals are intended to tidy up, clarify and simplify existing crofting legislation, streamline regulatory processes, and make crofting regulation less onerous for active crofters and the Crofting Commission (“Commission”). Given that the legislation and processes of the Commission are already well established and are not substantially changing, but instead are being streamlined and improved, we do not anticipate any significant in-direct impact, and any impact at all will be minimal.

An individual over the age of 15 can become a crofter in their own right. As at April 2025, there are two crofters under the age of 18 – one aged 17 and one aged 16. Crofting legislation currently has a negligible impact on children and the proposed changes to legislation are not expected to alter this position. The proposals may have a minimal direct positive impact on children where that child is a crofter. The proposals may also have an indirect positive impact on children where that child has a parent or guardian who is a crofter or landlord.

Many of the proposals will have no direct or indirect impact, positive or negative, on children, either as crofters or as the children of crofters, landlords or landowners, different to that of crofters, landlords or landowners of other age groups.

Impact of the proposals

Overall, the proposals will not impact on individuals unless they are members of the crofting community, or their family members, and only members of the crofting community will directly benefit from the proposals. Although there are a small number of proposals that will indirectly benefit the wider community.

The proposals will have no impact on the rights of children different to that of crofters aged 18 and over. The proposals will not disadvantage children who are crofters, or who are the children of crofters or landlords or landowners, nor negatively impact those groups. Overall, there are expected to be a small number of direct and indirect positive impacts on children, whether as crofters or the children of crofters, landlords or landowners, as outlined above. While the Bill has potential to relate to children directly and indirectly, given that the proposals target improvements to the regulatory process; facilitate activity; and address technical issues, our assessment of the proposals is that there is no impact.

2.2 Scottish Land Court

No aspects of the Bill are deemed directly relevant to the UNCRC (Incorporation)(Scotland) Act 2024 and its requirements.

The amalgamation of the Land Court and the Lands Tribunal is primarily administrative in nature. The policy objective is to merge the two bodies into one cohesive body, the Scottish Land Court. The newly merged body will offer structural coherence, efficiency and the delivery of a better service to litigants. Members of the Land Court and Lands Tribunal will be able to hear all cases which come before the newly expanded Scottish Land Court, which will allow for a flexible deployment of personnel and resources to ensure the efficient administration of justice.

It is important that the flexibility of the Land Court and Lands Tribunal to hear a case in the most appropriate location should not be lost. It is therefore intended that the Scottish Land Court will continue as before, being based in Edinburgh but meeting throughout Scotland in the location most suitable to the affected parties.

Likewise, the proposals in respect of Upper Tribunal membership are not directly relevant to the UNCRC (Incorporation)(Scotland) Act 2024 and its requirements. The policy intention is to ensure that sufficient numbers of judicial members are available to assist with managing fluctuations in volumes of appeal cases and improving resilience in the Upper Tribunal.

Impact of the proposals

Overall, these proposals will have minimal positive direct and indirect impacts on children whether as crofters, or as children of crofters or landlords, and will not impact children in any manner different to that of other age groups.