Crofting Reform (Scotland) Act 2010

46 Enlargement of crofts

For section 4 of the 1993 Act (enlargement of crofts) substitute—

“4 Enlargement of crofts

(1) This section applies where an owner of land—

(a) which is not a croft; and

(b) which does not form part of a croft,

agrees to grant a tenancy of that land to a crofter.

(2) The owner and the crofter may apply jointly to the Commission for a direction that the land is to form part of a croft of which the crofter is tenant.

(3) Where a croft such as is mentioned in subsection (2) is an unregistered croft, the Commission—

(a) must not make a direction under subsection (4) unless an application for first registration of the croft is submitted before the expiry of the period of 6 months beginning with the date on which the application for the direction is made;

(b) need not, during that 6 month period, consider the application for the direction until an application for first registration of the croft is submitted.

(4) The Commission may make a direction if they are satisfied that the enlargement of the croft—

(a) would be of benefit to the croft or to the crofter;

(b) would not result in the area of the enlarged croft substantially exceeding 30 hectares.

(5) Where the Commission make a direction in relation to an unregistered croft or a first registered croft, the land forms part of the croft with effect from the later of—

(a) the date of the direction; or

(b) the date of entry under the tenancy.

(6) Where the Commission make a direction in relation to a registered croft (other than a first registered croft)—

(a) the direction expires at the end of the period of 3 months beginning with the date on which the direction is made unless an application for registration of the enlargement of the croft is submitted by virtue of section 5 of the 2010 Act before the expiry of that period;

(b) the enlargement takes effect on the date of registration.

(7) For the purposes of section 6 and paragraph 1 of schedule 2, the rent payable for the enlarged croft is the rent agreed by the landlord and the crofter.

(8) In subsections (5) and (6), “first registered croft” means a croft mentioned in section 5(2) of the 2010 Act.”.