245.Section 61 contains provisions that aim to help the Authority to obtain certain information.
246.Subsection (1) provides that the Authority may require an occupier of land, or a person who receives rent in respect of the land, to provide certain written information to the Authority: namely, the nature of their estate or interest in the land and whether they know of anyone else with an estate or interest in the land. If they are aware of any such person they must, if such information is known, provide the Authority with that person’s name and contact details. Not giving such information, without reasonable excuse, or giving information which is false and misleading in a material respect, either knowing it to be false or misleading or being reckless as to whether it is so, is an offence under section 64.
247.The meaning of “contact details” is set out in subsection (2).
248.Subsection (3) provides that the Authority may not give a notice under section 60 requiring a person to provide information unless the Authority needs such information to enable it or assist it in exercising a function conferred by or under the Act. The Authority might, for example, require information in order to establish who has an estate or an interest in certain land, so that the Authority is able to comply with its duty under section 37 of the Act to give certain persons a copy of a section 35 notice.
249.Subsection (4) sets out the period within which a notice under this section may require information to be given.
250.Subsection (5) clarifies that section 61 does not require or permit information to be given contrary to any prohibitions contained in legislation or imposed by another rule of law. Subsections (6) and (7) provide, respectively, that the Authority may not give a notice under section 61 to a relevant public authority or to an appropriate Crown authority in respect of an estate or interest in Crown land which is not a private interest. “Appropriate Crown authority”, “Crown land” and “private interest” are defined in section 89. This reflects the fact that there are provisions elsewhere in the Act that allow notices to be given to relevant public authorities or in respect of estates or interests in Crown land: section 59 (which enable the Authority to require relevant public authorities to give information) and section 62 (which makes provision in respect of obtaining information about estates or interests in Crown land).
Commentary on Sections Overview of Part 4 Section 61 – Information about estates or interests in land