- Latest available (Revised)
- Point in Time (01/10/2011)
- Original (As enacted)
Version Superseded: 30/11/2012
Point in time view as at 01/10/2011.
There are currently no known outstanding effects for the Crofters (Scotland) Act 1993, Cross Heading: Enlargement of crofts.
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(1)Where the owner of any land which is not itself a croft and which does not form part of a croft agrees to grant a tenancy of such land to any crofter, then—
(a)except in such a case as is mentioned in paragraph (b) below, if the owner of the said land and the crofter agree that such land will form part of any croft of which the crofter is tenant, the land shall, as from the date of entry under the said tenancy, form part of such croft and this Act shall apply accordingly to the croft as so enlarged;
(b)in a case where the area of the croft (exclusive of any common pasture or grazing land held therewith) together with the area of the land exceeds 30 hectares F2..., the Commission may, on an application being made to them jointly by the owner of the land and the crofter, direct that the land shall form part of the croft and, if they make such direction, then as from the date of the direction or the date of entry under the said tenancy, whichever is the later, the land shall form part of the croft, and this Act so far as relating to crofting shall apply accordingly to the croft as so enlarged.
(2)The Commission shall make a direction under subsection (1)(b) above only if they are satisfied that such a direction—
(a)would be of benefit to the croft; and
(b)would not result in the croft as enlarged by the land referred to in that subsection being substantially larger than 30 hectares F3...
[F4(2A)The crofter shall pay to the landlord such rent as they shall agree for the croft as enlarged under subsection (1) above (section 6 of, and paragraph 1 of Schedule 2 to, this Act being construed accordingly).]
(3)Where any such land as is mentioned in section 38(3)(a) of this Act is included in a reorganisation scheme made under that section and confirmed by the Secretary of State, then as from the date on which the scheme is put into effect this Act shall apply to such land.
(4)The owner of any land which becomes part of a croft by virtue of subsection (1)(a) above shall give notice to the Commission of the enlargement of such croft.]
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)
F2Words in s. 4(1)(b) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 2 (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
F3Words in s. 4(2)(b) repealed (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 2 (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
F4S. 4(2A) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.
(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)
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