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.”.