PART 2

The Scottish Land Commission
CHAPTER 3

The Tenant Farming Commissioner

Tenant Farming Commissioner: inquiry function

Notice of non-compliance penalty
32
1
A notice under section 31(2) must include information as to—
a
the grounds for imposing the non-compliance penalty,
b
the amount of the penalty,
c
how payment may be made,
d
the period within which payment must be made, which must be not less than 28 days beginning with the day on which the notice imposing the penalty is received,
e
rights of appeal, and
f
the consequences of failure to make payment within the period specified.
2
A person served with a notice imposing a non-compliance penalty may appeal to the Land Court against the notice on the ground that the decision to serve the notice—
a
was based on an error of fact,
b
was wrong in law, or
c
was unfair or unreasonable for any reason (for example because the amount is unreasonable).
3
An appeal under subsection (2) must be made within the period of 28 days beginning with the day on which the notice under section 31(2) is received.
4
Where an appeal under subsection (2) is made, the non-compliance penalty is suspended from the day on which the appeal is made until the day on which the appeal is determined or withdrawn.
5
On an appeal under subsection (2) the Land Court may overturn, confirm or vary the non-compliance penalty.