What mechanisms are applied to ensure that the Crofters Commission follows its rules of operating procedure in relation to decision-making …

The Board of Commissioners of the Crofters Commission set and revise the rules and procedures that govern the way the Crofters Commission undertakes its various regulatory functions. Paragraph 11 of schedule 1 to the Crofters (Scotland) Act 1993 provides that the Commission has power to regulate its own procedure. The current rules are the Rules of Procedure of the Crofters Commission 1999. The commission may change the rules and procedures from time to time but must clear their proposals with the Scottish Committee of the Council for Tribunals. The rules and procedures must also, at all times, be consistent with the statutory requirements of the Crofters (Scotland) Act 1993. It is for the Chairman, the Board of Commissioners and the Chief Executive of the Crofters Commission to ensure that in its day to day operations the Crofters Commission operates in accordance with its own rules and procedures. Anyone who considers that there was a failure to do so should raise their concerns with either the Chairman or the Chief Executive of the commission who will review the case to ensure that it has been properly and fairly handled in accordance with these rules and procedures. If after such action there are unresolved concerns about the handling of the case that suggest there has been maladministration, it would be appropriate to pursue the matter with the Scottish Public Services Ombudsman. Alternatively, if it is believed that the Crofters Commission acted unlawfully or that a decision made by the commission was unreasonable then the more appropriate recourse might be to seek judicial review of the decision taken by the Crofters Commission.