F1Enforcement of duties
26ECircumstances where the Commission may not take action under section 26H or 26J
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.
Ss. 26A-26K and cross-heading inserted (1.10.2011 for specified purposes, 30.11.2012 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)); S.S.I. 2012/288, art. 3(1)(b)(2), sch. 1 Pt. 2 (with sch. 2 para. 5(1)(2))