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 29 – Application to inquire into breach of code of practice

77. Sections 29 to 35 make provision about the exercise of the Tenant Farming Commissioner’s function to inquire into alleged breaches of the codes of practice under section 24(1)(c). Section 29 sets out the process for a person with an interest in the tenancy, or who would have an interest but for an alleged breach, to apply to the Tenant Farming Commissioner to inquire into an alleged breach of any code of practice published under section 27.

78. Subsection (2) sets out what any application under subsection (1) must contain.

79. Subsection (3) provides that an application must be accompanied by the appropriate fee, unless the Commissioner waives the need to pay the fee under subsection (5).

80. Subsection (4) requires the Commissioner, when setting the fee for the application, to consider the likely impact that the amount of the fee might have on the number of applications.

81. Subsection (5) sets out the circumstances in which the Commissioner can waive the fee for an application under subsection (1).

82. Subsection (6) makes clear that any application under subsection (1) does not affect any time limits for proceedings before the Scottish Land Court.