Land Reform (Scotland) Act 2016

Land Reform (Scotland) Act 2016

2016 asp 18

Commentary on Sections

Part 2 – the Scottish Land Commission

Chapter 3 – the Tenant Farming Commissioner

Tenant Farming Commissioner: inquiry function

Section 30 – Procedure for inquiry

83. Section 30 provides for the process of an inquiry into an alleged breach of a code of practice, following receipt of an application under section 29, by setting out the conditions that must be satisfied in order for the Tenant Farming Commissioner to inquire into an alleged breach; what the Commissioner may do in cases where those conditions are met; and in cases where those conditions are not met.

84. Subsection (1) sets out the conditions that must be satisfied in order for the Tenant Farming Commissioner to inquire into an alleged breach of a code of practice. For example, the effect of subsection (1)(c) is that repeat applications concerning the same alleged breach are not permitted.

85. Subsection (2) provides that, where the Commissioner is not satisfied that the application contains sufficient information to proceed with an inquiry, the Commissioner can require the applicant to provide any additional information that is considered appropriate within a specified period.

86. Subsection (3) sets out the circumstances under which the Commissioner may dismiss an application.

87. Subsection (4) sets out what the Commissioner must do when satisfied that an application meets the conditions in subsection (1).