Commentary on Sections Part 2 – the Scottish Land Commission Tenant Farming Commissioner: inquiry function Section 34 – Tenant Farming Commissioner: confidentiality of information
105.Section 34 makes provision about the confidentiality of information obtained by or on behalf of the Tenant Farming Commissioner for the purposes of an inquiry into the breach of a code of practice.
106.Subsection (1) prohibits any person mentioned in subsection (6) from disclosing any information obtained for the purposes of an inquiry into the breach of a code of practice unless authorised to do so under subsection (2).
107.Subsection (2) sets out the limited circumstances under which a relevant person can disclose any information obtained for the purposes of an inquiry into the breach of a code of practice.
108.Subsection (3) provides that any person who knowingly discloses any information obtained for the purposes of an inquiry into an alleged breach of a code of practice, where they are not authorised to do so under subsection (2), commits an offence.
109.Subsection (4) sets out the potential penalty where a person is found to be guilty of an offence under subsection (3).
110.Subsection (5) sets out the defences available to a person charged with an offence under subsection (3).