Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

Amendments to the Small Landholders (Scotland) Act 1911 (c. 49)

12 (1) The Small Landholders (Scotland) Act 1911 shall be amended as follows.

(2) For subsection (2) of section 3 (constitution of Scottish Land Court) there shall be substituted the following subsections—

“(2) The Chairman shall be a person who at the date of his appointment is—

(a) an advocate of the Scottish Bar of not less than ten years' standing; or

(b) without prejudice to paragraph (a) above, a sheriff principal or sheriff who has held office as such for a continuous period of not less than 10 years; or

(c) a solicitor who, by virtue of section 25A (rights of audience) of the [1980 c. 46.] Solicitors (Scotland) Act 1980, has for a continuous period of not less than ten years had a right of audience in the Court of Session;

and shall forthwith on his appointment have the same rank and tenure of office as if he had been appointed a judge of the Court of Session.

(2A) Subsection (2)(b)

above shall not confer any eligibility for appointment as Chairman on a temporary sheriff principal or sheriff appointed under section 11 (temporary sheriffs principal and sheriffs) of the [1971 c. 58.] Sheriff Courts (Scotland) Act 1971 who is not otherwise eligible for such appointment.”.

(3) For subsection (5) of section 3 there shall be substituted the following subsections—

“(5) The Secretary of State may appoint any person having the qualification required for holding the office of Chairman as a Deputy Chairman, who shall act in place of the Chairman for such periods as the Chairman may, with the consent of the Secretary of State, direct.

(5A) Where there is a vacancy in the office of Chairman, or where the Chairman is, for whatever reason, unable to act, the Deputy Chairman shall act at the direction of the Secretary of State.

(5B) A Deputy Chairman appointed under subsection (5)

above shall, while he is acting as Chairman, have the same powers and perform the same duties as if he were the Chairman.”.