Crofting Consultation 2024: Proposals for Crofting Law Reform – Analysis of Responses

Appendix A: Consultation questions

Question 1.1 Do you agree that two people should be able to share a joint croft tenancy? [Yes/No/Don’t Know – comment]

Question 1.2 Do you agree with the proposal that regulatory barriers that limit the ability of an owner-occupier to grant a standard security over their croft should be removed or reduced? [Yes/No/Don’t Know]

Question 1.3 Do you agree with the proposal that a tenant crofter should in principle be able to use their croft tenancy as security for a loan? [Yes/No/Don’t Know]

Question 1.4 Do you agree that there needs to be modifications to rights and responsibilities when a security is in place over a croft? [Yes/No/Don’t Know]

Question 1.5 Do you agree that if a croft tenancy is repossessed by a lender, the lender should be able to assign (sell) the tenancy on to a new tenant provided that either the landlord or the Crofting Commission agrees? [Yes/No/Don’t Know]

Question 1.6 Do you wish to add comments in regard to the proposed application of standard securities to crofts? [Free text]

Question 2.1 Do you agree that the right to object to applications should continue to be limited to crofters and grazings shareholders in the same township or grazings? [Yes/No/Don’t Know - Comment]

Question 2.2 Do you agree that when deciding a decrofting application, the Crofting Commission should, alongside other considerations, be required to weigh up the sustainability of crofting across the parish? [Yes/No/Don’t Know - comment]

Question 2.3 Would you support the extension of the right to report a suspected breach of duty to: a) Subtenants and short-term leaseholders of crofts within the local crofting community? [Yes/No/Don’t Know] b) Non-crofters who reside within the local community where the croft is situated? [Yes/No/Don’t Know]

Question 2.4 Do you agree that the Crofting Commission should be empowered to determine the permitted method to be used for a public notice, and should be able to change the requirements from time to time? [Yes/No/Don’t Know]

Question 2.5 Do you agree that it should be possible for public meetings to be held on an appropriate online forum or as a hybrid meeting and need not be solely in-person meetings? [Yes/No/Don’t Know]

Question 3.1 Do you agree that the grazings committee duty to report should be limited to the condition of the common grazings? [Yes/No/Don’t Know]

Question 3.2 Do you agree that meetings to appoint a grazings committee need to be notified publicly? [Yes/No/Don’t Know]

Question 3.3 Do you agree that shareholders should be responsible for informing their Grazings Committee of their preferred email or postal contact address? [Yes/No/Don’t Know]

Question 3.4 Is there a need for further legislation on the purchase of grazings rights, or should the details of each transaction be left to the parties as currently? [more legislation is required/details can be left to the parties/Don’t Know – please explain your answer Free Text Box]

Question 3.5 Do you agree that the Crofting Commission should enforce adherence to residency and land use duties for stand-alone grazings shares? [Yes/No/Don’t Know – comment]

Question 3.6 If a grazings share is forfeited by someone who is in breach, which organisation should have the initial responsibility of finding a new shareholder? [Grazings committee, landowner, Crofting Commission, Don’t Know]

Question 3.7 If none of the grazings committee, the landlord and the Crofting Commission can find a new shareholder for a vacant grazings share, do you agree that the share should be dissolved and absorbed by the current shareholders and grazings committee? [Yes/No/Don’t Know - comment]

Question 3.8 Do you agree that the provisions which allow crofter-led and joint-venture forestry schemes should be extended and adapted, to provide similarly for peatland restoration schemes, biodiversity schemes, and other schemes relating to carbon sequestration, habitat restoration or environmental improvements? [Yes/No/Don’t Know -comment]

Question 3.9 Do you agree that an owner who does not respond to a crofter or grazings committee application for forestry can be deemed to have consented (while retaining the right to make comments or objections at the next stage)? [Yes/No/Don’t Know]

Question 3.10 Do you agree that the assessment of crofter-led innovations on common grazings should parallel the arrangements for inbye land? [Yes/No/Don’t Know - comment]

Question 3.11 Do you agree that a landowner should be able to apply to designate land as a new common grazing even if it is adjacent or contiguous to an existing croft? [Yes/No/Don’t Know]

Question 4.1 Do you agree that the first two stages in the current process for investigating suspected breaches of duty should be combined, in order to streamline the overall process? [Yes/No/Don’t Know - Comment]

Question 4.2 Do you agree that a crofter should not have to use or maintain their croft themselves, so long as they arrange for all the necessary and appropriate work to be carried out on their behalf? [Yes/No/Don’t Know]

Question 4.3 Do you agree that a tenant crofter should not have to obtain consent before making use of the croft for an activity that is environmentally beneficial? [Yes/No/Don’t Know]

Question 4.4 Do you agree that only natural persons should be able to become owner-occupier crofters? [Yes/No/Don’t Know – comment]

Question 4.5 Do you agree that where a company or charity is currently an owner-occupier crofter, the croft should require to be transferred to one or more natural persons, the next time it changes hands? [Yes/No/Don’t Know ]

Question 4.6 Do you agree that we amend the Annual Notice requirement to at least once every three years, with the Crofting Commission entitled to choose how often and which years, subject to that constraint? [Yes/No/Don’t Know]

Question 4.7 Do you agree that if a subtenant is not meeting their statutory duties, the Crofting Commission should be entitled to terminate the sublet? [Yes/No/Don’t Know]

Question 5.1 Do you agree that assignations should only require prior approval if the landlord raises an objection or if the incoming crofter already holds three or more holdings in the Register of Crofts? [Yes/No/Don’t Know]

Question 5.2 Do you agree that transfer of owner-occupier crofter status should be subject to a Crofting Commission decision, in cases where the purchaser already holds 3 or more holdings in the Register of Crofts? [Yes/No/Don’t Know]

Question 5.3 Do you agree that sublets should only require prior approval if the landlord raises an objection? [Yes/No/Don’t Know]

Question 5.4 Do you agree that each incoming assignee and owner-occupier crofter should be required to confirm, at the next Census or within 2 years of taking up the croft, whether they are complying with duties? [Yes/No/Don’t Know]

Question 5.5 If you wish, please comment on your answers to Q5.1 to Q5.4. [free text box]

Question 5.6 Do you agree that the Crofting Commission should be given the power to correct the status of croft owners who deserve owner-occupier status? [Yes/No/Don’t Know]

Question 5.7 Do you agree that the Crofting Commission should have the power to adjust croft boundaries, on an application by all the parties, where those parties are in agreement? [Yes/No/Don’t Know]

Question 5.8 Do you agree that the Crofting Commission should be able to correct errors in its Directions and Orders where the case for doing so is clear? [Yes/No/Don’t Know]

Question 5.9 When considering a decrofting application, do you agree that the Crofting Commission should consider whether the applicant is complying with their statutory crofting duties, such as being resident and cultivating the croft? [Yes/No/Don’t Know – comment]

Question 5.10 When considering a decrofting application, do you agree that the Crofting Commission should consider whether the croft has received previous decrofting applications? [Yes/No/Don’t Know – comment]

Question 5.11 Do you agree that the Crofting Commission should be able to use administrative sanctions where there is a regulatory breach? [Yes/No/Don’t Know - comment]

Question 5.12 If yes, do you agree that the Crofting Commission should be able to revoke approval or decline to deal with applications? [Yes/No/Don’t Know]

Question 5.13 If yes to Q 5.11, do you consider that any other type of administrative sanction should be available as well as, or instead of, a power to revoke approvals or consider applications? [Yes/No/Don’t Know]

Question 5.14 Do you have any suggestions for how we split the number of Commissioners between elected and appointed? [Free Text]

Question 5.15 If we were to reduce the number of elected Commissioners, how should we divide the crofting counties into constituencies? [Free text]

Question 5.16 Should anyone who has twice previously been elected as a Crofting Commissioner be able to stand again in another crofting election? [Yes/No/Don’t Know]

Question 5.17 Should voter eligibility operate on the same basis as for the previous three elections? [Yes/No/Don’t Know – comment]

Question 6.1 Do you agree that we should extend the powers of the Keeper of the Registers of Scotland for correcting errors in the Crofting Register? [Yes/No/Don’t Know]

Question 6.2 Do you agree that all registration applications should be copied to the relevant landlord, in order to allow the landlord to comment if he or she chooses to do so? [Yes/No/Don’t Know - comment]

Question 6.3 Do you agree that the purchase of title to a croft by a tenant crofter should be a trigger for registration in the Crofting Register? [Yes/No/Don’t Know]

Question 6.4 Do you agree that owner-occupiers should be required to give the same personal information for the Register of Crofts as tenants? [Yes/No/Don’t Know]

Question 6.5 Do you agree that the deadlines for these four particular types of decision should be removed from the legislation? [Yes/No/Don’t Know - comment]

Question 6.6 Do you agree that where all the crofters and owners of the land in question, wish to set up a permanent crofting right of access, they should be entitled to do so? [Yes/No/Don’t Know]