- Latest available (Revised)
- Point in Time (22/12/2010)
- Original (As enacted)
Crofters (Scotland) Act 1993
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes over time for: Section 40
Version Superseded: 28/01/2008
Alternative versions:
- 05/01/1994- Amendment
- 28/01/2008- Amendment
- 22/12/2010
Point in time - 01/10/2011- Amendment
Status:
Point in time view as at 22/12/2010. This version of this provision has been superseded.
Status
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Changes to legislation:
There are currently no known outstanding effects for the Crofters (Scotland) Act 1993, Section 40.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
40 Obtaining of information by Commission.S
(1)[F1Without prejudice to any other provision of this Act whereby information may or shall be obtained by them, the Commission may by notice under this section] served on the owner or the occupier of any holding [F2, or on the executor of the person who most recently was the owner or occupier of any holding,] require him to furnish them with such information as may be specified in the notice with regard to the extent, the rent and the tenure of the holding and with regard to such other matters relating to the ownership or the occupation of the holding as the Commission may reasonably require for the execution of their functions under this Act.
(2)If any [F3owner, occupier or executor] on whom a notice has been served under subsection (1) above—
(a)fails without reasonable cause or neglects to furnish to the Commission within 3 months after the service of the notice the information specified in the notice; or
(b)in furnishing such information as aforesaid knowingly or recklessly furnishes any information which is false in a material particular,
he shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding level 1 on the standard scale.
[F4(3)Where the Commission impose a requirement under subsection (1) above, to provide information on any person making an application under this Act (the requirement being for the purposes of the application), the Commission may if they think fit decline to do anything in relation to the application until they are satisfied either that the requirement has been complied with or that it is not practicable to comply with the requirement.
(4)If the Commission are satisfied that it is not practicable to comply with the requirement (the “original requirement”) they may modify it; and subsection (3) above shall apply in relation to the modified requirement as that subsection applies to the original requirement.
(5)This section applies in relation to a common grazing as it applies in relation to a holding except that for the purposes of that application references in the section to an occupier of a holding are to be construed as references to a crofter who shares in the common grazing.]
Textual Amendments
F1Words in s. 40(1) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 4(a)(i), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
F2Words in s. 40(1) inserted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 4(a)(ii), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
F3Words in s. 40(2) substituted (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 4(b), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
F4S. 40(3)-(5) added (28.1.2008) by Crofting Reform etc. Act 2007 (asp 7), ss. 4(c), 43(3) (with ss. 40, 43(2)); S.S.I. 2007/568, art. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.