FOI Request: 2.26.55510

Information requested

Please identify the specific legislation whereby S22 of the Crofters (Scotland) Act 1993 was amended after the said Section was repealed. Also provided a copy of the record of all discussions between Commission solicitors and Commission officials on justification for the continued use of S22 after 1st October 2011, including the corresponding dates of these discussions. A copy of the record of all discussions between Commission solicitors and Scottish Government Solicitors on justification for the continued use of S22 after 1st October 2011, including the corresponding dates of these discussions. Please also indicate when the case 31 and 33 Blandy Tongue was initiated under S22 of the Act. The Commission records reveal that 21 crofts remain vacant following termination. Please indicate whether compensation is being make to the landlords for eht loss of rent revenue.

Response

We advised previously of the Commission’s understanding of the savings provisions within the Second Commencement Order of the Crofting Reform (Scotland) Act 2010. In terms of amendment, the 1993 Act, containing section 22, had previously been amended by the Crofting Reform (Scotland) Act 2007. We do endeavour to provide information under Freedom of Information whenever possible. However, this request for a copy of the record of all discussions between Commission Solicitors, Officials and Scottish Government Solicitors on justification for the continued use of Section 22, as the tenancy termination authority, after 1 October 2011 is information which is exempt from disclosure in terms of section 36(1) of the Act. The communications that take place with solicitors are of the type to which a claim of confidentially of communications could be maintained in legal proceedings under 36(1) of the Act. This is because they concern communications that attract legal professional privilege. The case involving 31 & 33 Blandy, Tongue was initiated under section 22 of the Crofters (Scotland) Act, as amended, on 17 December 2010. It was the tenant’s choice to remain within this section rather than transfer to the Enforcement of Duties legislation. The Commission is not aware of any compensation for the loss of rent revenue being made to landlords whose tenancies remain vacant following termination. This is out with the Commission’s jurisdiction, and the landlord is entitled to re-let the croft and acquire any rental payment on that basis.