Crofting and Scottish Land Court Bill: island communities impact assessment

8. Assessment

8.1 Crofting

The proposals for crofting law reform apply equally to all members of the crofting community, whether islands-based or mainland communities. During the consultation, no concerns were raised as to the impact of any of the proposals that was unique to island communities, whether demographic, economic, Gaelic or social.

The proposals will clarify existing legislation, enabling more effective regulation by the Crofting Commission which will benefit the crofting community including island crofting communities. It will streamline and modernise the existing legislation, encourage greater use of croft and common grazing land, protect land in crofting tenure, and remove some complexities, which will benefit the crofting community, including island crofting communities. No wider impacts have been identified during the development of the proposals.

8.2 Scottish Land Court/Tribunals

The proposed amalgamation of the Scottish Land Court and the Lands Tribunal for Scotland will apply equally to all those who may have cause to apply to the newly expanded Scottish Land Court.

Following consultation, a decision was made to retain the statutory requirement for a Gaelic speaking member of the Land Court, recognising the importance of Gaelic to many in the crofting community, whether islands-based or mainland. During the consultation no concerns were raised as to the impact of any of the proposals that was unique to island communities.

The amalgamation of the Land Court and the Lands Tribunal into a newly expanded Scottish Land Court will offer structural coherence, efficiency, and the delivery of a better service to litigants. The 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.

Similarly, the proposal enabling members of the expanded Court to act in the Upper Tribunal is not anticipated to have a significant impact on island communities. The proposal aims to build more flexibility and resilience in terms of the resource available to the Upper Tribunal. This is not likely to have an effect on an island community which is significantly different from its effect on other communities.