The Lands Tribunal for Scotland (Miscellaneous Amendments) Rules 2020

Made15th December 2020

Laid before the Scottish Parliament17th December 2020

Coming into force1st April 2022

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 all other powers enabling them to do so.

Citation and commencement1.

These Rules may be cited as the Lands Tribunal for Scotland (Miscellaneous Amendments) Rules 2020 and come into force on 1 April 2022.

Table of Fees2.

In the table of fees contained in schedule 2 of the Lands Tribunal for Scotland Rules 19712, after item F143 , insert the item and corresponding fee set out in the table in the schedule to these Rules.

Sittings of Tribunals3.

(1)

The Lands Tribunal for Scotland Rules 20033 are amended as follows.

(2)

For rule 15(2) substitute—

“(2)
The Tribunal shall sit in public except—
(a)
that when it is acting as arbiter under a reference by consent the proceedings shall be held in private if the parties to the reference so request;
(b)
where an application has been made under regulation 18 of the Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 20214 the proceedings must be held in private.”

JEANE FREEMAN

A member of the Scottish Government

St Andrew’s House,

Edinburgh

SCHEDULEFees

Rule 2

Item	Fee Payable
F244 . On an application under the Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) (Scotland) Regulations 20215	£150

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 1971 and the Lands Tribunal for Scotland Rules 2003 and come into force on 1 April 2022.

These Rules add a new fee in respect of an application to the Lands Tribunal for Scotland made under the Land Reform (Scotland) Act 2016 (Register of Persons Holding a Controlled Interest in Land) Regulations 2021 (“the 2021 Regulations”).

These Rules also make provision for proceedings to be held in private where an application to the Lands Tribunal for Scotland has been made under regulation 18 of the 2021 Regulations. Regulation 18 provides for an application to be made to the Lands Tribunal for Scotland against a decision by the Keeper of the Registers of Scotland in respect of a security declaration.

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