Textual Amendments
F1Ss. 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. 4 5(3))
The Commission may not take any action under section 26H or 26J if—
(a)the period for giving an undertaking under section 26D has not expired;
(b)an undertaking has been given under section 26D and the period for complying with the undertaking has not expired;
(c)an undertaking given under section 26D has been complied with;
(d)in the case of a crofter—
(i)the Commission have consented to the sublet of the croft under section 27;
(ii)an application for consent to sublet has been made under section 27 and has not been determined;
(e)in the case of an owner-occupier crofter—
(i)the Commission have consented to the let of the owner-occupier's croft on a short lease (within the meaning of section 29A(4));
(ii)an application for consent to a lease has been made under section 29A and has not been determined;
(f)in the case of failure to comply with a duty mentioned in section 5AA or 19C(2)(a)—
(i)the Commission have consented to the absence under section 21B;
(ii)an application for consent for absence, to extend a period of absence or to vary a condition imposed in respect of such absence has been made under section 21B, 21C or, as the case may be, 21D and has not been determined.]