Consultation launched on crofting law reform 28 August 2017

Scottish Government Launches Consultation on Crofting Law Reform

The Scottish Government have today issued their consultation on crofting law reform. This is an exciting development in the field and is great news for all of us who have been trying to ensure that reform stays on the political agenda.

I welcome the Government’s consultation and would encourage as many of you as possible to respond. It is not always easy to find the time, but this may be our last chance to ensure that the law is improved for the next generation, and so we ought to take the opportunity which has been presented to us.

The consultation paper has picked up that “there was almost universal agreement that the current law is no longer fit for purpose, either in terms of complexity or what it allows crofting to be.” This ties in with my own understanding of the feeling amongst crofters and amongst my professional colleagues.

The paper outlines the various options for legislative change:-

  1. Consolidation of the existing legislation

  2. A new bill amending existing legislation, plus a new consolidation,

  3. A new bill amending and restating crofting law, or

  4. A new bill entirely.

I was pleased to note that the Scottish Government envisages that matters such as the statutory duties of crofters, transfer of tenanted crofts, succession to crofts, definition of owner-occupied crofts, and common grazings, could potentially be addressed in any reform of the existing law.

Lots to think about, and not much time to do so. The consultation closes on 20 November 2017.

I will publish my response on this web site in due course.

Kirsty Montgomery

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Crofting Law Reform – Update