The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009

Lands Tribunal Act 1949

12.  In section 2 (members, officers and expenses of Lands Tribunal)—

(a) in the heading after “Lands Tribunal” insert “for Scotland”;

(b) in subsection (1)—

(i) after “Lands Tribunal” insert “for Scotland”; and

(ii) for “Lord Chancellor” in each place substitute “Scottish Ministers”;

(c) for subsection (2) substitute—

“(2) The President shall be a person appearing to the Lord President of the Court of Session to be suitably qualified by the holding of judicial office or by experience as an advocate or solicitor.

(2A) Of the other members of the Lands Tribunal for Scotland—

(a) such number as the Lord President of the Court of Session may determine shall be persons appearing to the Lord President of the Court of Session to be suitably qualified by the holding of judicial office or by experience as an advocate or solicitor; and

(b) the others shall be persons who have had experience in the valuation of land, appointed after consultation with the chairman of the Scottish Branch of the Royal Institution of Chartered Surveyors.”;

(d) in subsection (3)—

(i) for “Lord Chief Justice of England and Wales may, after consulting the Lord Chancellor,” substitute “Scottish Ministers may”; and

(ii) after “Lands Tribunal” insert “for Scotland”;

(e) in subsection (4)—

(i) after “Lands Tribunal” insert “for Scotland”;

(ii) for “Lord Chancellor and the Lord Chief Justice of England and Wales”, in each place, substitute “Scottish Ministers”; and

(iii) for “he thinks” substitute “they think”;

(f) in subsection (5)—

(i) after “Lands Tribunal” in each place insert “for Scotland”; and

(ii) for “Lord Chancellor” substitute “Scottish Ministers”;

(g) in subsection (6)—

(i) after “Lands Tribunal” insert “for Scotland”; and

(ii) for “Lord Chancellor” substitute “Secretary of State”;

(h) in subsection (7)—

(i) for “Lord Chancellor” substitute “Scottish Ministers”;

(ii) after “Lands Tribunal” insert “for Scotland; and

(iii) for “as he may” substitute “as they may”; and

(i) omit subsections (8), (9) and (11).