Crofting and Scottish Land Court Bill: equality impact assessment

The Scope of the EQIA

Crofting

The proposals for crofting law reform will affect only the crofting community - tenant and owner-occupier crofters, landlords, landowners and those with shares in common grazings. Meaning that the proposals for crofting law reform will only impact a minority of the Scottish population. The proposals will apply equally to all members of the crofting community, irrespective of age, gender or other protected characteristic, and irrespective of whether an individual belongs to a minority group.

Throughout the entire process, each proposal was discussed at great length during the 19 meetings of the Bill Team and Crofting Bill Group, including, where appropriate, any impact on ECHR and equalities.

Crofting Bill Group membership:

• Crofting Commission
• Highlands & Islands Enterprise
• Scottish Crofting Federation
• National Farmers Union Scotland
• NatureScot
• Law Society of Scotland
• Scottish Land Court
• Scottish Land & Estates
• Registers of Scotland
• Highlands and Islands Agricultural Support Group – Shetland Islands Council
• Crofting Solicitors

There was an open invitation to Convention of Scottish Local Authorities and Crofting Commissioners to attend Bill Group meetings. Of those attending as a representative of an organisation/body, there a number who were crofters.

As these proposals were being developed and refined, due consideration was given to the impact and consequences they would have on crofters and their families, the wider crofting sector, and crofting organisations and other interested parties. Where it was felt that the impact may be negative, or that it would have unintended consequences, the proposal was reconsidered and amended.

In June 2024, the Scottish Government launched a 12-week public consultation to seek views on proposals for crofting law reform. Respondents were asked to consider the policy proposals by answering 70 questions – 49 closed questions and 21 open free text questions. These questions were grouped across seven themes: entry to crofting; crofting communities; use of common grazings; strengthening residency and land use; enhanced Crofting Commission powers; simplifying crofting; and clarifications and corrections. In total, 163 responses were received, with 136 responses from individuals and 27 from organisations.

As part of the process, the Bill Team undertook targeted engagement across the crofting counties with 15 in-person events, including six island events. Over 250 people attended these events, mainly by those most likely to be affected, and groups representing their interests. An independent report on the analysis of the responses has been published, drawing on both the written answers to the consultation questions and points made in the consultation events.

Meetings with stakeholders and crofting membership bodies will continue throughout the Bill process.

Scottish Land Court/Tribunals

The proposals in relation to the amalgamation of the Scottish Land Court are primarily administrative nature; the Bill makes provision for composition, procedure and jurisdiction, which will have little operational impact on court users other than an anticipated improvement in service. The impact of the provisions will be neutral and will be the same for all court users, litigants and prospective litigants. No impact on any protected characteristic has been identified.

The proposals in respect of the Upper Tribunal are limited to widening the judicial membership of the Tribunal, if required. They do not affect the appeal rights of appellants or the functions or responsibilities of the Upper Tribunal. As such, the proposals are administrative in nature and no differing impacts on different groups of people are envisaged. No impact on any protected characteristic has been identified.