F1Investigation of suspected breach of duty
26ACommission's duty to investigate suspected breach of duty
1
This section applies where the Commission receive—
a
a report from a grazings committee under section 49A(1) which includes information on a matter mentioned in subsection (2); or
b
information in writing from a person mentioned in subsection (3) relating to such a matter.
2
The matter referred to in subsection (1) is that—
a
a crofter is not complying with a duty mentioned in section 5AA, 5B or 5C; or
b
an owner-occupier crofter is not complying with a duty mentioned in section 19C(2).
3
The person referred to in subsection (1)(b) is—
a
a grazings committee;
b
a grazings constable;
c
an assessor appointed under paragraph 16 of schedule 1;
d
a member of the crofting community within which the croft to which the matter mentioned in subsection (2) relates is situated.
4
The Commission must investigate whether or not the duty to which the report or, as the case may be, information relates is being complied with.
5
But the Commission need not do so where they consider the information included in the report or, as the case may be, received as mentioned in subsection (1)(b) is frivolous or vexatious.
Ss. 26A-26K and cross-heading inserted (1.10.2011 for specified purposes) by Crofting Reform (Scotland) Act 2010 (asp 14), ss. 37, 57(2) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 45(3))