Call for views: Crofting law reform

The reform of aspects of crofting law has been selected as one of three Public Policy Committee priority projects for 2019/20.

We recognise that considerable work has been undertaken to date by stakeholders to identify areas of crofting law requiring reform and to progress reform of crofting law in Scotland.

The Rural Affairs Sub-committee have selected four matters relating to crofting law which are being considered in detail as part of this project. Stakeholders tell us that these matters would merit reform. The project focuses on the legal aspects of these matters, with a view to suggesting specific improvements to the existing legislation and influencing legislative change. We are not undertaking a full review of the law relating to crofting.

This consultation seeks the views of our members and interested stakeholders on the identified aspects of the law of crofting. We would be pleased to hear from you with your views and experiences of the following matters and any suggestions for legal changes:

  • Croft succession – in particular, circumstances where there is no transfer of a tenant’s interest within two years of the date of death
  • The legal status and definition of owner-occupier crofter – for example, we understand that there are around 1000 individuals who own and physically occupy crofts (some pre-1955 Act crofts) but who do not meet the legal definition of owner-occupier crofter
  • Reviewing and updating the Statutory Conditions of tenure – in particular, opportunities for modernisation of the conditions, for example Condition 11
  • Definition of the “crofting community” – particularly in light of the comments of the Scottish Land Court in Eunson v Crofting Commission (SLC/10-14/15)

You can respond by:
-    Completing the form below
-    Downloading this document and emailing your response to policy@lawscot.org.uk.


The consultation will close at 10.00am on Monday 11 May 2020.

In accordance with the General Data Protection Regulation and the Data Protection Act 2018, the Law Society of Scotland is committed to the protection of your data and processing it within the required legal bases. Although we may rely on our legitimate interest in understanding the views of our members, the public and stakeholders, by participating in this consultation, to the extent that any personal data is provided, you are providing us with the required consent under Articles 6 and 9 of the Regulation, and/or the relevant provisions of the Data Protection Act 2018, for us to process that data.

Responses to this call for views will be analysed by us and used by our Crofting Working Group to help inform our position when making proposals for legislative change to Scottish Government. There is an opportunity to provide detailed information in response to this call for views. Please take care not to provide any information that may allow another person to be identified. If a response provides information that we believe is personal data and/or identifies another individual, we may redact it accordingly. For information about how we use your personal data see our privacy policy.

Consultation form - crofting law reform





Please provide any views, experiences and suggestions in relation to the following:
Calls for views: Access to justice

Our Access to Justice committee is seeking views around pro bono in Scotland.

Pro bono is an important element of access to justice in Scotland, as well as other jurisdictions. Though not a substitute for legal aid, it offers assistance to people across a range of different types of legal problem. We know that this volunteering is prevalent, often through formal programmes, such as firms’ CSR or university law clinics, though also often at individuals’ own initiative. We are keen to explore what more can be done to promote, recognise and support pro bono work in Scotland and hope that our call for views helps to inform this work.

We are inviting views from stakeholders – providers or users of pro bono, or any other interested individuals and organisations – to help us to understand the overall picture. You can submit your views through a short survey or you can provide more detailed views by emailing accesstojustice@lawscot.org.uk
The committee will hold stakeholder roundtables and report on its findings later in 2019.

Our Access to Justice committee is seeking views around alternative dispute resolution (ADR) in Scotland.

The use of ADR across Scotland varies widely. It is an area that is increasingly integrated with court procedure, particularly the simple procedure rules. And it is an area that may become more accessible as a result of technology. At this stage, our committee wants to consider whether there is more that could be done to support ADR in Scotland and is looking initially to understand the overall coverage of ADR services.

We are inviting views from stakeholders – providers or users of ADR – to help us to understand the overall picture. You can submit your views through a short survey or you can provide more detailed views by emailing accesstojustice@lawscot.org.uk

The committee will hold stakeholder roundtables and intends to report on its findings later in 2019.

Research & policy

Learn more about our work conducting research on important issues about the law, and influencing law and policy at home and abroad.