DEVELOPMENT OF CROFTING LAW 1955-1976 - THE TAYLOR REPORT, CROFTING AS AGRICULTURE, THE CROFTING COMMISSION AND THE RIGHT TO BUY

This is the fourth of 12 posts serialising my chapter on crofting law which appeared in “Land Reform in Scotland” edited by Malcolm Combe, Jayne Glass and Annie Tindley and published by Edinburgh University Press in 2020. 

THE DEVELOPMENT OF CROFTING LAW 1955-1976

The Crofters (Scotland) Act 1955 can be seen from a modern perspective as the beginnings of the modern crofting framework. The 1955 Act was passed in the wake of the Report of the Commission of Inquiry into Crofting Conditions, which became known as the Taylor Report.  The Commission had been charged with reviewing ‘crofting conditions in the Highlands and Islands with special reference to the secure establishment of a small holding population making full use of agricultural resources and deriving the maximum economic benefit therefrom.’ [i] The Commission therefore proceeded on the assumption that agricultural activity in crofting areas was to be encouraged. The key features of the 1955 Act were the restriction of crofting tenure to the Crofting Counties (leaving the Small Landholders Acts to apply to relevant holdings in the rest of Scotland), the establishment of a new Crofters Commission, and the return of purely administrative functions from the Scottish Land Court. The Register of Crofts was also established. Crofters were given enhanced rights of assignation, bequest and decrofting,[ii] and retiring crofters were given the option of obtaining a title deed to their house and garden ground if they passed on their crofts to a new (invariably younger) crofter.[iii]

[i] Report of the Commission of Inquiry into Crofting Conditions, chapter 1 page 7.

[ii] MacCuish and Flyn, Crofting Law, paragraphs 1.16 and 1.17.

[iii] MacCuish and Flyn, Crofting Law, paragraph 1.17.

The next post, which covers the development of crofting law between 1976-1993, will be published next week on this website. See note below for details of all 12 posts.

As always, if you need help or wish to discuss crofting law, do get in touch.

Eilidh

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Note Referred To:-

Introduction

Development of Crofting Law

1886-1911

1911-1955

1955-1976

1976-1993

1993-1997

1997-2019

Challenges

Crofting legislation

Crofting law v land reform

The Conflicting Priorities of the Crofting System

The Impossibility of Purchase

Conclusion