PART 2The Scottish Land Commission

CHAPTER 3The Tenant Farming Commissioner

Tenant Farming Commissioner: inquiry function

I129Application to inquire into breach of code of practice

1

A person may apply to the Tenant Farming Commissioner to inquire into an alleged breach of a code of practice (an “alleged breach”) if the person—

a

has an interest in a relevant tenancy, or

b

would have an interest in a relevant tenancy but for the alleged breach.

2

An application under subsection (1) must contain—

a

the applicant's details,

b

details of each other person having an interest in the relevant tenancy, so far as the applicant is aware of them,

c

details of the alleged breach,

d

the provision of the code of practice that the alleged breach relates to.

3

Subject to subsection (5), an application must be accompanied by the appropriate fee set by the Tenant Farming Commissioner.

4

When setting the appropriate fee, the Tenant Farming Commissioner must have regard to the likely impact of the fee on the number of applications under subsection (1).

5

The Tenant Farming Commissioner may waive payment of the appropriate fee if the Commissioner considers that payment is likely to result in undue hardship to the applicant.

6

An application under subsection (1) is without prejudice to any time limit for proceedings in the Land Court under any enactment.