Crofting and Scottish Land Court Bill: island communities impact assessment

4. Objectives of the Bill

4.1 Crofting

The Bill aims to simplify legislation, streamline administrative processes, facilitate active crofting on the inbye and common grazings, make crofting regulation less onerous for active crofters and the Crofting Commission, and to make legislative changes for which there is consistent support across crofting communities.

The Bill will also introduce some immediate positive outcomes for crofters and their communities, and allow the Crofting Commission to better regulate crofting.

The proposals in the Bill will contribute to the following national outcomes:

• Communities – We live in communities that are inclusive, empowered, resilient and safe.
• Environment – We value, enjoy, protect and enhance our environment.
• Economy – We have a globally competitive, entrepreneurial, inclusive and sustainable economy.
• Human Rights – We respect, protect and fulfil human rights and live free from discrimination.
• Poverty - We tackle poverty by sharing opportunities, wealth and power more equally.

And will contribute to the Government’s four priorities:

• Eradicating child poverty – Whilst not directly impacting, reform of crofting law will help people stay in rural and island communities whilst supporting effective and sustainable land use, enabling crofting families and communities to be more sustainable.

• Growing the economy – Reform of crofting law will enable crofting to further modernise, innovate, diversify and adapt by making use of traditional or innovative use of croft land to contribute to local economies such as tourism, energy, forestry, environmental projects, and small-scale horticulture production and more.

• Tackling the climate emergency – Reform of crofting law will enable and support the sustainability of crofting, of crofters and crofting communities, to help meet today’s and tomorrow’s climate and environmental challenges by supporting renewable energy generation, forestry, peatland restoration, and small-scale horticulture production.

• Improving public services – simplifying existing legislation will allow us to make innovation easier, streamline processes, and enable active crofting by, amongst others, providing new powers for the Crofting Commission to help make this happen.

4.2 Scottish Land Court

In respect of the Scottish Land Court provisions, the Bill provides for a newly merged body which will offer structural coherence, efficiency, flexibility and the delivery of a better service to litigants. The newly expanded Scottish Land Court will have the ability to deploy personnel flexibly so that each case is dealt with by people with the appropriate skills and expertise.

They will contribute to the Government priority Improving Public Services by offering structural coherence and a ‘one stop shop’ for litigants. Flexible deployment of judicial resource and the ability to utilise the full range of expertise across both jurisdictions has the potential to improve decision making.

4.3 Upper Tribunal

The Upper Tribunal membership provisions will build resilience in the Upper Tribunal and allow for the flexible deployment of judicial resource. This will ensure that the Upper Tribunal has an array of legal expertise at its disposal.

This will contribute to the Government priority Improving Public Services by enabling the Upper Tribunal to best manage any fluctuations in case volumes.