We have issued regular updates on the Scottish Government’s programme of Crofting reform. The Scottish Government implemented on 22 December 2011 part of the mechanism for the re-organisation of the Crofting Commission by setting out, in the Crofting Commission (Elections) (Scotland) Regulations 2011, provision for the establishment of a Crofting Electoral Register and the nomination and election of candidates for membership of the Crofting Commission.

The Crofting Constituencies

There will be six constituencies:-

Shetland (the local Government area of the Shetland Islands Council). 

Orkney & Caithness - the local Government area of the Orkney Islands Council and the parishes of Bower, Olrig, Watten, Wick, Canisbay, Dunnet, Latheron, Halkirk, Reay and Thurso in the Highland Council region. 

East Highlands (East Sutherland, Easter Ross, East Inverness and Moray) - the Local Government area of Moray Council and the parishes of Boleskine and Abertarff, Kilmorack, Kiltarlity and Convinth, Kirkhill, Urquhart and Glenmoriston, Abernethy and Kincardine, Alvie, Duthil and Rothiemurchus, Kingussie and Insh, Laggan, Ardersier, Croy and Dalcross, Daviot and Dunlichity, Dores, Inverness and Bona, Moy and Dalarossie, Petty, Cromdale Inverallan and Advie, Ardclach, Auldearn, Cawdor, Croy and Dalcross, Nairn, Avoch, Killearnan, Knockbain, Alness, Dingwall, Fodderty, Kiltearn, Feaern, Nigg, Tarbat, Cromarty, Resolis, Rosemarkie, Kilmuir Easter, Logie Easter, Rosskeen, Contin, Urquhart and Logiewester, Urray, Edderton, Tain, Dornoch, Golspie, Clyne, Kildonan and Loth in the Highland Council region. 

Western Isles - the local Government area of Comhairle nan Eilean Siar. 

West Highlands (West Sutherland, Wester Ross, Skye and Lochalsh) - the local Government area of Highland Council comprising the parishes of Glenelg, Bracadale, Duirinish, Kilmuir, Portree, Sleat, Snizort, Strath, Gairloch, Lochbroom, Applecross, Lochcarron, Glenshiel, Kintail, Lochalsh, Kincardine, Assynt, Creich, Durness, Eddrachilles, Lairg, Rogart, Farr and Tongue. 

South West Higlands (Lochaber, Argyll and Bute, Arran and Cumbrae, Small Isles) - the Local Government area of Argyll and Bute Council and parishes of Ardhchattan and Muckairn, Lismore and Appin, Glenorchy and Inishail, Arisaig and Moidart, Kilmallie, Kilmonivaig, Highland Council area and Kilbride, Kilmory and Cumbrae in North Ayrshire Council. 

The Crofting Electoral Register

The registration officer (the chief executive of the Commission) must compile and maintain a register of electors for each crofting constituency with details of the names and home and croft addresses of persons entitled to vote in the crofting constituency.

Eligibility to Vote

To be eligible to vote a person must, on the day on which an election notice is published, be aged 16 years or over; entered in the Register of Crofts or registered in the Crofting Register for a croft situated in the constituency or the owner/occupier/crofter of a croft in the constituency and entered in the electoral register at least 8 weeks before the date of the count in the election. If in relation to an owner-occupied croft two or more persons are entitled to vote, if both are resident at the same address they will be treated as a single elector. If neither reside at the croft then only one person will be entitled to vote and those persons must nominate in writing to the Registration Officer which will be entitled

A tenant or owner/occupier of more than one croft in different constituencies who resides in one constituency is only entitled to vote in the constituency of residence and if not resident in either constituency then such a person will be entitled to vote in the constituency determined by the Registration Officer as closest to the person’s residence. 

Disqualification of Electors 

A crofter whom the Commission has determined is not ordinarily resident on or within 16 kilometres of his croft and has not obtained consent for absence from the Commission or has failed to comply with any undertakings previously given by him to the Commission is disqualified from voting. 

Candidates 

Persons are qualified to be candidates for election if over 16 years of age and either are entered in the Register of Crofts or registered in the Crofting Register as a crofter or are owner/occupiers or are nominated by an elector. 

Disqualification of Candidates 

Anyone who in the previous year was a Member of the House of Commons, the Scottish Parliament or the European Parliament, determined by the Commission to be an absentee crofter, employed by the Commission, insolvent; convicted of a criminal offence in the last five years for which a sentence of three months or more imprisonment was imposed or is impaired by any physical or mental disorder is disqualified. 

Nominations

 A candidate must be nominated by submitting a nomination paper to the Returning Officer for the constituency stating the candidate’s full name, date of birth and home address and signed and dated by the candidate before one witness or in the case of a candidate nominated by an elector signed by the elector. A person may only witness one nomination and an elector may nominate only one candidate. The candidate may include a Candidate Statement not exceeding 250 words with his nomination. If a candidate is nominated in more than one constituency the candidate must withdraw the candidature in all but one and failure to do so will result in the candidate being withdrawn from all. The nomination papers will be available for public inspection.

If at the close of nominations two or more candidates are validly nominated an election date will be fixed; if only one remains nominated then on the day the count for an election would have been held that candidate will be declared elected. 

Timetable 

Elections are to be held every 5 years and the rules set out details of the timetable for the publication of an election notice, submission of nomination papers, application for proxy and absent votes, submission of the electoral register to the returning office prior to a count; issuing of ballot papers and deadlines for their return. 

Method of Voting 

Electors may only vote by post or by proxy. 

Counting of Votes 

Votes are allocated to candidates in accordance with electors’ first or sole preferences and if one candidate has more votes than the other candidates added together then that candidate is elected. If not the candidate with the fewest votes is eliminated and the ballot papers of electors whose first preference was that candidate are re-allocated. If after the second stage of counting one candidate has more votes than the other remaining candidates added together that candidate is elected and if not the process of discarding the candidate with the fewest votes is repeated until a candidate is elected. 

Further Information

For further information on this and any crofting issue please contact Adèle Nicol on your usual contact within Land Resources Department.

This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.