Crofting and Scottish Land Court Bill: island communities impact assessment

9. Conclusion

9.1 Crofting

In preparing the ICIA, the Scottish Government has formed the opinion that the proposals contained in the Crofting and Scottish Land Court Bill are not likely to have an effect on an island community which is significantly different from its effect on other communities (mainland or other island communities).

Throughout the process, each proposal was discussed at great length by the Bill Team and the Crofting Bill Group, at stakeholder meetings and the Cross-Party Group on Crofting. Discussions included the impact of the proposals on crofters and their families, the crofting sector, and crofting organisations. No impacts on particular communities, unique to that community, were identified during that engagement. From the consultation analysis and engagement, it is the view that the proposals are unlikely to have any negative impact for island communities and will provide the same opportunities to island crofting communities as to those on other crofting islands or mainland crofting areas. Further to this, unique impacts for island communities have not been identified and there is no unique impact in terms of demographic, economic, Gaelic or social factors resulting from the proposals.

The proposals for crofting law reform will apply consistently to all croft tenants, owner-occupier crofters, landlords, landowners, and common graziers, across the crofting areas. There are no unique identifiers which would result in any of the proposals affecting an island crofting community differently to other island crofting communities or mainland crofting communities.

9.2 Scottish Land Court/Tribunals

The Scottish Government has formed an opinion that the proposals for the merger of the Scottish Land Court and Lands Tribunal for Scotland and the proposal to enable suitably qualified members to act in the Upper Tribunal are not likely to have an effect on an island community which is significantly different from its effect on other communities (both mainland and other island communities). No negative impacts on island communities were identified during the consultation regarding the proposed amalgamation.

The proposals are administrative in nature and seek to amalgamate the two bodies while allowing members who are suitably qualified to act in the Upper Tribunal, if required. It is anticipated that there are no provisions which would affect an island community differently to other island communities or other communities.

Screening ICIA completed by: Aileen Rore

Position: Crofting Policy Advisor

Date: 1 May 2025

ICIA authorised by:

Position: Head of Agriculture Policy Division

Signature: John Kerr

Date: 14 May 2025