Crofters (Scotland) Act 1993
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Change 1
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.
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.
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