Land Compensation (Scotland) Act 1963

3 Procedure on references under s. 2

(1) The following provisions shall have effect with respect to any proceedings on a question referred to the official arbiter under section 2 of this Act.

(2) The official arbiter shall sit in public.

(3) Not more than one expert witness on either side shall be heard unless the official arbiter otherwise directs; except that, where the claim includes a claim for compensation in respect of minerals, or disturbance of business, as well as in respect of land, one additional expert witness on either side on the value of the minerals or, as the case may be, on the damage suffered by reason of the disturbance may be allowed.

(4) The official arbiter shall be entitled to enter on and inspect any land which is the subject of proceedings before him.

(5) An official arbiter shall be entitled to be furnished with such returns and assessments as he may require.

(6) The official arbiter shall, on the application of either party, specify the amount awarded in respect of any particular matter the subject of the award.

(7) The fees to be charged in respect of proceedings before official arbiters shall be such as the Treasury may prescribe.

(8) Subject as aforesaid, the Reference Committee may make rules regulating the procedure before official arbiters.

(9) The decision of an official arbiter upon any question of fact shall be final and binding on the parties and the persons claiming under them respectively, but the official arbiter may, and shall, if the Court of Session so directs, state at any stage of the proceedings, in the form of a special case for the opinion of the said Court, any question of law arising in the course of the proceedings, and may state his award as to the whole or part thereof in the form of a special case for the opinion of the said Court.