Meeting of the Parliament 19 March 2026 [Draft]
Amendment 34 would amend section 8 of the Crofters (Scotland) Act 1993 to provide a simplified process for obtaining the commission’s consent to an assignation of a croft if certain conditions, which are set out in the proposed new section 8(2B) and which primarily relate to the assignation to a family member, are met.
Section 11B of the bill will further modify section 8 of the 1993 act by inserting a new subsection (1C), which will provide that the commission may not grant consent or approval to an assignation
“unless it is satisfied that the proposed assignee is aware of the duties they would have as a crofter, following any such assignation, under sections 5AA, 5B and 5C”
of the 1993 act. Amendment 34 would have the effect of providing that proposed new subsection (1C) would not apply in relation to fast-tracked assignations to family members where the commission is satisfied that conditions in proposed new subsection (2B) are met. I thank the minister for his help with the amendment.
I do not agree with amendment 35, which would remove the three-croft limit from family assignations. Although most family assignations are likely to be to an assignee who is already working the crofts and has helped to run the business, I note that the subsection that would be removed by the amendment will only allow scrutiny by the commission. It will not mean that the commission will deny such assignations; it will simply provide a safeguard to ensure that people do not accumulate crofts that could be better used.
I move amendment 34.