PART 2

The Scottish Land Commission
CHAPTER 3

The Tenant Farming Commissioner

Tenant Farming Commissioner: inquiry function

Tenant Farming Commissioner: confidentiality of information
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1
A relevant person must not disclose any information which has been obtained by or on behalf of the Tenant Farming Commissioner for the purposes of an inquiry into a breach of a code of practice unless authorised to do so by subsection (2).
2
Disclosure is authorised for the purposes of subsection (1) only so far as—
a
it is necessary for the purpose of enabling or assisting the exercise by the Tenant Farming Commissioner of the Commissioner’s functions under this Act,
b
it is made with the consent of each person to whom the information relates,
c
it is made for the purposes of civil proceedings,
d
it is made for the purposes of a criminal investigation or criminal proceedings or for the purposes of the prevention or detection of crime,
e
it is made in pursuance of an order of a court or tribunal,
f
it is made in accordance with any other enactment requiring or permitting the disclosure.
3
A person who knowingly contravenes subsection (1) commits an offence.
4
A person guilty of an offence under subsection (3) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to a fine.
5
It is a defence for a person charged with an offence under subsection (3) to prove that the person reasonably believed—
a
that the disclosure was authorised under subsection (2), or
b
that the information had already lawfully been made available to the public.
6
In subsection (1) a “relevant person” means any individual who is or was—
a
the Tenant Farming Commissioner (or acting Tenant Farming Commissioner),
b
a Land Commissioner,
c
a member of the Commission’s staff,
d
a person exercising functions on behalf of the Commission or its members.