PART 4FURTHER AMENDMENTS OF THE 1993 ACT
Enlargement of crofts and common grazings
46Enlargement of crofts
For section 4 of the 1993 Act (enlargement of crofts) substitute—
4Enlargement 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.