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Crofting Reform (Scotland) Act 2010

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This is the original version (as it was originally enacted).

36Information as to compliance with duties: annual notices

This section has no associated Explanatory Notes

After section 40 of the 1993 Act insert—

40AAnnual notices

(1)The Commission must—

(a)by notice given to each crofter, require the crofter to provide the Commission with the information mentioned in subsection (2);

(b)by notice given to each owner-occupier crofter, require the crofter to provide the Commission with the information mentioned in subsection (3).

(2)The information referred to in subsection (1)(a) is—

(a)whether or not the crofter is complying with the duties mentioned in sections 5AA, 5B and 5C;

(b)where the crofter is not complying with one or more of those duties—

(i)in the case of the duty mentioned in section 5AA, whether the Commission have granted consent under section 21B;

(ii)in any case (other than the duty not to misuse the croft), whether a subtenant of the crofter by virtue of a lease to which section 27 applies is complying with the duty; and

(c)information relating to any other matter the Commission may require.

(3)The information referred to in subsection (1)(b) is—

(a)whether or not the owner-occupier crofter is complying with the duties mentioned in section 19C(2);

(b)where the owner-occupier crofter is not complying with one or more of those duties—

(i)in the case of the duty mentioned in section 19C(2)(a), whether the Commission have granted consent under section 21B;

(ii)in any case (other than the duty not to misuse the croft), whether a tenant of the crofter by virtue of a short lease (within the meaning of section 29A) is complying with the duty; and

(c)information relating to any other matter the Commission may require.

(4)The first notices under subsection (1) must be given as soon as reasonably practicable after the end of the period of 1 year beginning with the day section 36 of the 2010 Act comes into force.

(5)Subsequent notices must be given as soon as reasonably practicable after the end of each successive 1 year period.

(6)Subsection (2) of section 40 applies to a notice given under subsection (1) of this section as it applies to a notice served under subsection (1) of that section.

(7)Section 55(1A) does not apply to a notice given under subsection (1)..

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