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).