Crofting and Scottish Land Court Bill: island communities impact assessment

6. Data Gathering and Key Findings

6.1 Crofting

The jurisdiction of the Crofting Acts apply to certain areas of Scotland, namely the Highlands and Islands, covering around 750,000 hectares of land. Of that, around 200,000 hectares are in-bye crofts. According to the Crofting Commission’s 2023/24 Annual Report and Accounts, there are 21,673 crofts, of which 15,242 are tenanted and 6,431 owned, and 14,890 crofters (tenant and owner-occupier crofters).

According to the Crofting Commission, the Scottish islands which have land under crofting tenure are the Shetland Isles, Orkney Islands, Lewis and Harris, North and South Uist, Benbecula, Eriskay, Barra, Skye and Raasay, Muck, Rum, Canna, Eigg, Coll, Tiree, Jura, Colonsay, Arran (including Holy Island), Pladda, Little Cumbrae, Greater Cumbrae, Mull, and Islay, Scarp, Lismore, Gigha, Luing, Vatersay, Berneray, Seil and Scalpay.

Whilst it is widely accepted that crofting activities vary across the crofting areas, and that the size and type of croft land can vary on a geographical basis, the impact of these proposals will affect island crofters in the same manner as they affect mainland crofters, and will affect all island crofters similarly, irrespective of which island. The proposals are designed to strengthen and support the sector and ensure that croft land, including common grazings, is actively managed.

6.2 Scottish Land Court/Tribunals

The proposed amalgamation of the Land Court and Lands Tribunal is primarily administrative in nature. It is anticipated that the impact on the islands will be either neutral or positive.

The interests of the public will be better served by the creation of a “one-stop shop” giving access to the whole range of remedies which are divided between the two jurisdictions of the Land Court and the Lands Tribunal.

The membership of the new Court will comprise of the members from both the Scottish Land Court and the Lands Tribunal for Scotland and so the bench will retain the skills and expertise currently found in both bodies.

It is intended that the newly expanded Scottish Land Court will continue to be based in Edinburgh but will hold hearings around the country, in locations suitable for the affected parties.

The provisions in respect of Upper Tribunal membership are anticipated to be either neutral or positive in respect of their impact on the islands. The proposals do not affect the ability of appellants across the country to exercise appeal rights in the Upper Tribunal. Increased resource and flexibility for the Upper Tribunal may mean any appeal cases are progressed more quickly.