(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.]
Textual Amendments
F1S. 4 substituted (1.10.2011 for specified purposes, 30.11.2012 for specified purposes, 30.11.2013 in force in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 46, 57(2) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 4 5(3)); S.S.I. 2012/288, art. 3(1)(b), (2), Sch. 1 Pt. 2 (with sch. 2 para. 1(k), (l)); S.S.I. 2012/288, art. 3(1)(c) (with sch. 2 para. 7)