{
  "url": "https://openlegislation.uk/crofting-reform-scotland-act-2010/section-46",
  "json_url": "https://openlegislation.uk/crofting-reform-scotland-act-2010/section-46.json",
  "legislation": "asp/2010/14",
  "legislation_title": "Crofting Reform (Scotland) Act 2010",
  "legislation_url": "https://openlegislation.uk/crofting-reform-scotland-act-2010",
  "path": "section/46",
  "kind": "section",
  "number": "46",
  "heading": "Enlargement of crofts",
  "text": "For section 4 of the 1993 Act (enlargement of crofts) substitute—\n“Enlargement of crofts\n4 (1) This section applies where an owner of land—\n(a) which is not a croft; and\n(b) which does not form part of a croft,\nagrees to grant a tenancy of that land to a crofter.\n(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.\n(3) Where a croft such as is mentioned in subsection (2) is an unregistered croft, the Commission—\n(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;\n(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.\n(4) The Commission may make a direction if they are satisfied that the enlargement of the croft—\n(a) would be of benefit to the croft or to the crofter;\n(b) would not result in the area of the enlarged croft substantially exceeding 30 hectares.\n(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—\n(a) the date of the direction; or\n(b) the date of entry under the tenancy.\n(6) Where the Commission make a direction in relation to a registered croft (other than a first registered croft)—\n(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;\n(b) the enlargement takes effect on the date of registration.\n(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.\n(8) In subsections (5) and (6), “first registered croft” means a croft mentioned in section 5(2) of the 2010 Act.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 46 in force at 1.10.2011 for specified purposes by S.S.I. 2011/334, art. 3(1)(a)(2), Sch. Pt. 1 (with arts. 4, 5(3))"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 46 in force at 30.11.2012 for specified purposes by S.S.I. 2012/288, art. 3(1)(b)(2), Sch. 1 Pt. 2 (with Sch. 2 para. 1(k)(l))"
    },
    {
      "type": "I",
      "label": "I3",
      "text": "S. 46 in force at 30.11.2013 in so far as not already in force by S.S.I. 2012/288, art. 3(1)(c) (with Sch. 2 para. 7)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2010/14/section/46",
    "retrieved_at": "2026-10-29T20:15:21.484740+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}