2017 No. 427
Lands Tribunal

The Lands Tribunal for Scotland Amendment Rules 2017

Made
Laid before the Scottish Parliament
Coming into force
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 19491 and of all other powers enabling them to do so.

Citation and commencement1.

These Rules may be cited as the Lands Tribunal for Scotland Amendment Rules 2017, and come into force on 21st December 2017.

Amendment of the Lands Tribunal for Scotland Rules 20032.

In rule 28(1) (expenses) of the Lands Tribunal for Scotland Rules 20032 after “that Order.” insert “For the purposes of determining applications under schedule 3A (electronic communications code) of the Communications Act 20033, expenses shall be determined in accordance with paragraph 96 of that schedule.”.
ANNABELLE EWING
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 2003 (“the 2003 Rules”) and come into force on 21st December 2017.

Rule 2 amends the expenses provision in rule 28 of the 2003 Rules to make clear that expenses for applications to the Lands Tribunal for Scotland under schedule 3A of the Communications Act 2003 (“the Electronic Communications Code”) (which was inserted by schedule 1 of the Digital Economy Act 2017) shall be determined in accordance with paragraph 96 of the Electronic Communications Code instead of under rule 28(1).

Paragraph 96 of the Electronic Communications Code provides that the Tribunal may make such order as it think fit as to expenses, but in making such an order must have regard to the extent to which any party is successful in the proceedings.