http://www.legislation.gov.uk/id/asp/2016/18

http://www.legislation.gov.uk/asp/2016/18/section/30/2018-05-17

Land Reform (Scotland) Act 2016

An Act of the Scottish Parliament to make provision for a land rights and responsibilities statement; to establish the Scottish Land Commission, provide for its functions and the functions of the Land Commissioners and the Tenant Farming Commissioner; to make provision about access to, and provision of, information about owners and controllers of land; to make provision about engaging communities in decisions relating to land; to enable certain persons to buy land to further sustainable development; to make provision for non-domestic rates to be levied on shootings and deer forests; to make provision about the change of use of common good land; to make provision about the management of deer on land; to make provision about access rights to land; to amend the law on agricultural holdings to provide for new forms of agricultural tenancy, to remove the requirement to register before tenants of certain holdings can exercise a right to buy, to provide a new power of sale where a landlord is in breach of certain obligations, to provide about rent reviews, to expand the list of the persons to whom holdings can be assigned or bequeathed and to whom holdings can be transferred on intestacy and to make provision about landlords' objections to such successor tenants, to provide for certain holdings to be relinquished where landlords agree or assigned to persons new to or progressing in farming, to provide for a 3 year amnesty period in relation to certain improvements carried out by tenants, and to provide for notice of certain improvements proposed by landlords; and for connected purposes.

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Statute Law Database

2022-01-25

Expert Participation

2018-05-17

Land Reform (Scotland) Act 2016

specified provision(s)

The Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) (Modern Limited Duration Tenancies) Miscellaneous Amendments Regulations 2017

reg. 3

PART 2The Scottish Land Commission

CHAPTER 3The Tenant Farming Commissioner

Tenant Farming Commissioner: inquiry function

I130Procedure for inquiry

1

The Tenant Farming Commissioner may inquire into an alleged breach only if satisfied that—

a

the applicant has an interest in a relevant tenancy, or would do so but for the alleged breach,

b

the application contains sufficient information to proceed to an inquiry, and

c

the application is not based on substantially the same facts as a previous application from the same applicant.

2

Where the Tenant Farming Commissioner is not satisfied that the application contains sufficient information to proceed to an inquiry, the Commissioner may require the applicant to provide such additional information as the Commissioner considers appropriate, by the end of such period as the Commissioner may specify.

3

The Tenant Farming Commissioner may dismiss the application by giving notice in writing to the applicant where—

a

the application does not meet the conditions in subsection (1),

b

a request by the Commissioner under subsection (2) for additional information has been made and the period specified for providing such information has expired, or

c

the Commissioner considers that a request under subsection (2) for additional information would not provide sufficient information to proceed to an inquiry.

4

Where the Tenant Farming Commissioner is satisfied that the application meets the conditions in subsection (1) the Commissioner must—

a

give notice in writing to the applicant and each other person with an interest in the relevant tenancy,

b

send a copy of the application to each of those persons, and

c

require a response to the application from each of them by the end of such period as the Commissioner may specify.