Crofters (Scotland) Act 1993

4 Enlargement where owner and crofter are in agreement. S

(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 and the rent of the croft together with the rent under the said tenancy exceeds £100, 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 or capable of being let as a croft at an annual rent substantially in excess of £100.

(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.