The Lands Tribunal for Scotland (Amendment) (Fees) (No. 2) Rules 2020

Scottish Statutory Instruments

2020 No. 446

Lands Tribunal

The Lands Tribunal for Scotland (Amendment) (Fees) (No. 2) Rules 2020

Made

17th December 2020

Laid before the Scottish Parliament

21st December 2020

Coming into force

24th February 2021

The Scottish Ministers make the following Rules in exercise of the powers conferred by section 3(6) and (12)(e) of the Lands Tribunal Act 1949(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Rules may be cited as the Lands Tribunal for Scotland (Amendment) (Fees) (No. 2) Rules 2020 and come into force on 24 February 2021.

Amendment of Table of Fees

2.—(1) The Table of Fees contained in schedule 2 of the Lands Tribunal for Scotland Rules 1971(2) is amended in accordance with paragraph (2).

(2) After item 42, insert the item and corresponding fee set out in the table in the schedule of these Rules.

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

17th December 2020

Rule 2

SCHEDULE Fees

Item	Fee payable
43. On an appeal under regulation 16(1) of the Crofting Community Right to Buy (Procedure, Ballots and Forms) (Scotland) Regulations 2020 (appeal against the Ministers’ decision under regulation 15)(3).	£150

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 1971 (“the 1971 Rules”) and come into force on 24 February 2021.

Rule 2(2) adds a new fee of £150 into schedule 2 of the 1971 Rules by inserting a new entry, item 43. The fee specified in item 43 is for making an appeal to the Lands Tribunal under regulation 16(1) of the Crofting Community Right to Buy (Procedure, Ballots and Forms) (Scotland) Regulations 2020.

A Business and Regulatory Impact Assessment has not been provided for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1949 c.42. Section 3 was relevantly amended by section 50(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35), S.I. 1972/2002 and S.I. 2009/1307. The functions of the Lord Advocate were transferred to the Secretary of State for Scotland by S.I. 1999/678 and to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) (“the 1998 Act”). The requirement to obtain Treasury consent was removed by section 55 of the 1998 Act.

(2)

S.I. 1971/218. Schedule 2 was amended by S.I. 1996/519 which substituted a new table of fees, S.S.I. 2003/521 which inserted an additional table of fees, S.S.I. 2004/480, S.S.I. 2009/260, S.S.I. 2014/24, S.S.I. 2015/199, S.S.I. 2017/426 and S.S.I. 2020/22.

(3)

S.S.I. 2020/XXX.