Lands Tribunal Act 1949

2 Members, officers and expenses of Lands Tribunal. U.K.

(1) The Lands Tribunal shall consist of a President and such number of other members as the Lord Chancellor may determine, to be appointed by the Lord Chancellor.

(2) The President shall be either a person who

[F1 (a)] has held judicial office under the Crown (whether in the United Kingdom or not)

[F2 (b) has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or

(c) is a member of the Bar of Northern Ireland of at least 7 years’ standing,]

and of the other members of the Lands Tribunal such number as the Lord Chancellor may determine shall be [F3 persons falling within paragraph (b) or (c) or solicitors of the Supreme Court of Northern Ireland of at least 7 years’ standing] and the others shall be persons who have had experience in the valuation of land appointed after consultation with the president of the Royal Institution of Chartered Surveyors.

(3) In the case of the temporary absence or inability to act of the President, the Lord Chancellor may appoint another member of the Lands Tribunal to act as deputy for the President, and a member so appointed shall, when so acting, have all the functions of the President.

(4) If a member of the Lands Tribunal becomes, in the opinion of the Lord Chancellor, unfit to continue in office or incapable of performing his duties, the Lord Chancellor shall forthwith declare his office to be vacant and shall notify the fact in such manner as he thinks fit, and thereupon the office shall become vacant.

(5) Subject to the last foregoing subsection, the appointment of a member of the Lands Tribunal shall be for such term as may be determined by the Lord Chancellor, with the approval of the Treasury, before his appointment, and shall be subject to such conditions as may be so determined, and a person who ceases to hold office as a member of the Lands Tribunal shall be eligible for re-appointment thereto.

[F4 (5A) No person shall be appointed a member of the Tribunal for a term which extends beyond the day on which he attains the age of seventy, except in accordance with section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]

(6) There may be paid to the members of the Lands Tribunal such remuneration, and such travelling and subsistence allowances, . . . F5 , as the Lord Chancellor may, with the approval of the Treasury, determine.

(7) The Lord Chancellor may appoint such officers and servants of the Lands Tribunal as he may, with the approval of the Treasury as to numbers and remuneration, determine.

(8) The remuneration and allowances of members . . . F6 of the Lands Tribunal, the remuneration of the officers and servants appointed by the Lord Chancellor, and such other expenses of the Lands Tribunal as the Treasury may determine, shall be defrayed out of moneys provided by Parliament.

(9) In relation to the Lands Tribunal for Scotland this section shall have effect with the substitution—

(a) of references to the Lord President of the Court of Session or, in subsections (5) to (8), to the Secretary of State for references to the Lord Chancellor;

[F7 (b) for subsection (2), of the following subsection:—

“(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, and of the other members of the Lands Tribunal such number as the Lord President of the Court of Session may determine shall be persons so qualified, and 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.”]

Textual Amendments

F1 “(a)” inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 7

F2 Paras. (b) and (c) substituted for “or a barrister-at-law of at least seven years' standing” by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 7

F3 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 7

F4 S. 2(5A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.31 (with s. 27, Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2

F5 Words repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 38(2), Sch. 4

F6 Words repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 38(2), Sch. 4

F7 S. 2(9)(b) substituted for s. 2(9)(b)(c) by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 50(1)

Modifications etc. (not altering text)

C1 S. 2(7): Functions of the Treasury now again exercisable by the Treasury: S.I. 1968/1656, arts. 2(1)(a), 3(2), 1981/1670, arts. 2(1)(a), 3(5)

C2 S. 2(8): Certain functions of the Treasury transferred by S.I. 1968/1656, arts. 2(1)(a), 3(2) and now again exercisable by the Treasury by virtue of S.I. 1981/1670, arts. 2(1)(a), 3(5)