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Land Reform (Scotland) Act 2016

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This is the original version (as it was originally enacted).

30Procedure for inquiry
This section has no associated Explanatory Notes

(1)The Tenant Farming Commissioner may inquire into an alleged breach only if satisfied that—

(a)the applicant has an interest in a relevant tenancy, or would do so but for the alleged breach,

(b)the application contains sufficient information to proceed to an inquiry, and

(c)the application is not based on substantially the same facts as a previous application from the same applicant.

(2)Where the Tenant Farming Commissioner is not satisfied that the application contains sufficient information to proceed to an inquiry, the Commissioner may require the applicant to provide such additional information as the Commissioner considers appropriate, by the end of such period as the Commissioner may specify.

(3)The Tenant Farming Commissioner may dismiss the application by giving notice in writing to the applicant where—

(a)the application does not meet the conditions in subsection (1),

(b)a request by the Commissioner under subsection (2) for additional information has been made and the period specified for providing such information has expired, or

(c)the Commissioner considers that a request under subsection (2) for additional information would not provide sufficient information to proceed to an inquiry.

(4)Where the Tenant Farming Commissioner is satisfied that the application meets the conditions in subsection (1) the Commissioner must—

(a)give notice in writing to the applicant and each other person with an interest in the relevant tenancy,

(b)send a copy of the application to each of those persons, and

(c)require a response to the application from each of them by the end of such period as the Commissioner may specify.

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