Crofting and Scottish Land Court Bill: equality impact assessment

Recommendations and Conclusion

The EQIA has supported the development of the Crofting and Scottish Land Court Bill which will serve to update the crofting legislation, make it more understandable and workable, and allow the Crofting Commission to better regulate crofting. The purpose of the Land Court provisions within the Bill is to merge the Scottish Land Court and the Lands Tribunal for Scotland into one cohesive body, an expanded Scottish Land Court, and to streamline the administration of the services currently offered. The merger will ensure the public will be better served by the creation of a single body to deal with the range of issues currently dealt by either body. There is also provision to enable suitably qualified members of the merged Court to act in the Upper Tribunal which aims to maximise flexible deployment of available judicial resource and assist in managing any fluctuations in case volumes in the Upper Tribunal.

Crofting

The proposals for crofting law reform were developed over the course of three years, with extensive engagement with key stakeholders, membership organisations, crofting solicitors and the crofting community. The impact on individuals, whether crofters, landlords, landowners and common graziers, was at the heart of all the discussions when developing the Bill proposals. They were considered at great length to ensure that the proposals were shaped to provide better outcomes for the crofting community and the Crofting Commission. Where a negative impact or unintended consequence was identified, the proposal was reconsidered and amended accordingly.

Based on an absence of concerns raised throughout the policy development process, public consultations and the findings of the EQIA, it is considered that the policies set out in the Bill are neither directly nor indirectly discriminatory under the Equality Act 2010.

Based on the EQIA assessment, it is not anticipated that the provisions contained in the Bill will directly impact on individuals with protected characteristics. There is no barrier to individuals with protected characteristics from becoming crofters, or gaining advice and support from the relevant bodies on becoming a crofter. Those crofters, landlords, landowners and common graziers with protected characteristics will be impacted as all others, no individual will be disadvantaged by the proposals and there are no unique impacts on individuals with protected characteristics. Some minor positive impacts were identified during the assessment, but overall they are considered neutral on those with protected characteristics.

The impact on equalities will be kept under review as the Bill progresses through Parliament, and through our ongoing discussions with stakeholders.

Scottish Land Court/Tribunals

The proposals in respect of the merger of the Lands Tribunal and the Land Court and the Upper Tribunal membership provisions are administrative in nature. Based on the EQIA assessment and the policy development process it is considered that the policies set out in the Bill are neither directly nor indirectly discriminatory under the Equality Act 2010.

It is not anticipated that the policies in the Bill regarding the Scottish Land Court or the Upper Tribunal will directly impact on individuals with protected characteristics. The impact on equalities will be kept under review as the Bill progresses through Parliament, and through our ongoing discussions with stakeholders.

Lead Policy Official: Aileen Rore

Signed off: John Kerr, Head of Agriculture Policy Division

Date: 14 May 2025