Crofting (Amendment) (Scotland) Bill Published

Scottish Parliament

Scottish Parliament

The Crofting (Amendment) Scotland Bill was introduced yesterday and published this morning:-

This Bill is to resolve the perceived ‘flaw’ in the Crofting Reform (Scotland) Act 2010 which the Crofting Commission say prevents them from processing or approving decrofting applications from owner-occupier crofters. See Top Secret Crofting Law and Decrofting Bill.

Environment Minister Paul Wheelhouse said:

It came to light recently that there was an issue with the Crofting Reform (Scotland) Act 2010 and the Scottish government, along with the Crofting Commission, has been working extremely hard to resolve these issues as quickly as possible.

There are, clearly, different legal opinions on this issue, and this bill will provide legal certainty for all involved in the process on the competency of owner-occupier crofter applications to the commission to decroft their land.

The Rural Affairs, Climate Change and Environment Committee (RACCE) is seeking views from organisations and individuals on the Crofting (Amendment) (Scotland) Bill.

How to submit written evidence

Evidence should be concise and typewritten in Word format.

The deadline for receipt of written submissions is Friday 17 May 2013. Owing to the timescale normally required for the processing and analysis of evidence, late submissions will only be accepted with the advance agreement of the clerk. The Committee prefers to receive written submissions electronically. These should be sent to: racce.committee@scottish.parliament.uk

You may also send a hard copy of written submissions to:

Rural Affairs, Climate Change and Environment Committee
Scottish Parliament
Holyrood
Edinburgh
EH99 1SP

They welcome written evidence in any language.

My thoughts

I will post my thoughts on the Crofting (Amendment) Scotland Bill when I have had the chance to digest it.

Brian Inkster

3 thoughts on “Crofting (Amendment) (Scotland) Bill Published

  1. Neil King

    Did I read this right?

    “(2) Those provisions are—
    (a) the provisions of the 1993 Act inserted by section 1 (other than section 24D(3)), as modified by subsection (3), and
    (b) the modifications of that Act made by the schedule.
    (3) The modifications referred to in subsection (2)(a) are that—
    (a) in section 24B, subsection (3) is omitted,
    (b) in section 24C(4)(d), “(4ZC) and” is substituted for “(4ZA) to”
    (4) Accordingly—
    (a) an application of a kind mentioned in subsection (5) is to be treated as having been made under section 24A(1) of the 1993 Act (as inserted by section 1),
    (b) a decision of a kind mentioned in subsection (6), and a direction of a kind mentioned in that subsection, is to be treated as having been made or, as the case 25 may be, given under section 24B(1) of that Act (as so inserted).
    (5) The application referred to in subsection (4)(a) is one purported to have been made—
    (a) by an owner-occupier crofter under section 24(3) of the 1993 Act,
    (b) during the period from 1 October 2011 until the coming into force of this Act.
    (6) The decision referred to in subsection (4)(b), and the direction referred to in that paragraph, is one purported to have been made or, as the case may be, given—
    (a) by the Commission under section 24(3) of the 1993 Act,
    (b) on an application of a kind mentioned in subsection (5),
    (c) before the coming into force of this Act.”

    That’s the sort of Sir Humphrey Appleby nonsense that gives the law and legislative process a bad name. Go ahead with this short bill in these terms now to correct the problem in the short term (so long as they’re SURE that gobbledygook actually does correct it) but only on the strict understanding a comprehensible bill to consolidate crofting legislation will be introduced asap.

    Reply
  2. Pingback: Crofting (Amendment) (Scotland) Bill: A Sledge Hammer to Crack a Nut | Crofting Law Blog

  3. Pingback: Inksters’ submissions on the Crofting (Amendment) (Scotland) Bill | Crofting Law Blog

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