Criminal offence warning letters written to 3,500 Scottish crofters over 'serious' residency failure
Crofters could be fined for not confirming they live local and work the land.
Thousands of letters are being sent to almost a fifth of crofters who have failed to confirm they are living locally and working the land.
Some 3,500 crofters missed a deadline to submit documents legally required by the Crofting Commission.
The commission, the organisation behind regulating crofts, said the paperwork was a statutory requirement and failure to return it was a criminal offence.
The documents required are designed to ensure crofters are locally resident, using their croft and providing information about maintenance. Some of the rules state that crofters must live within 20 miles of their croft.
In an announcement earlier this month, Gary Campbell, the commission’s chief executive, said direct action was being taken to address the gap, warning that failing to return the annual notice “is a serious matter”.
The letters being sent outline the legal implications of non-compliance and warn failing to could result in reports to the procurator fiscal and potential criminal proceedings against those who have not complied with the requirements. Officials said it was not clear as to why some crofters had not sent in the paperwork.
Commission chairman Andrew Thin said the figure was disappointing, urging crofters to “please take it seriously”.
He said: “We are writing to 3,500 crofters who have failed to confirm that they are locally resident and using their croft. If you are one of them, please take this seriously.”
Donna Smith, chief executive of the Scottish Crofting Federation, previously said the figure could be down to a lack of understanding of the law.
She said: “Everywhere I host local meetings with crofters, the biggest issue raised is that of absentee crofters or those who are neglecting their crofts. The annual notice is one tool that the commission can use to establish whether crofters are complying with their duties, so we welcome this increased focus on those not returning it.
“In time this should lead to an increase of activity resolving situations where crofters are in breach of their duties, thereby bringing more crofts back into active use.”
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There are about 20,000 crofts and 16,000 crofters across regions in Scotland, including the Highlands and Islands. More than 750,000 hectares of land in Scotland is in crofting tenure, with about 33,000 people living in crofting households, according to the commission.
The warning comes after the Crofting and Scottish Land Court Bill was published last month. The Bill promises to simplify legislation to make crofting regulation less onerous.
The Scottish Government said the paper would also “strengthen the role of grazing committees sharing common land and give farmers, and their communities, a greater say in how the land they work on is used”.
The Bill will also amalgamate the Scottish Land Court and the Lands Tribunal for Scotland to create one cohesive body, the Scottish Land Court, retaining the statutory requirement for a Gaelic speaking member.
At the time of the Bill being published, Agriculture Minister Jim Fairlie said: “Existing crofting legislation is complex and difficult to navigate.
“This Bill allows us to make a range of simplifications and improvements to the way crofting is administered, which will benefit crofters and the Crofting Commission to better recognise the vital contribution they make to their communities and maintain unique local heritage and culture.”
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