Can the Commission take enforcement action against the Executor of a deceased Owner-occupier crofter where a breach of duty relating to occupancy or land use has occurred?

The definition of owner-occupier crofter does not extend to the executor of such. To fall within that definition, a person must be the owner of a croft. An executor cannot be the owner and therefore cannot be an owner-occupier crofter. The definition of landlord in s61(1) of the 1993 Act, combined with the provisions in s23(12), give the confirmed executor of a landlord authority to apply to decroft an area of the croft, let the croft etc, and also allows the Commission to require such an executor to let the croft. Any action the Commission take to regulate the executor of an owner-occupier crofter (as the landlord of the croft) will not be under the new breach of duty provisions(ss26A to 26K), but will be under s23.