The Scottish Land Court Rules 1992
1These rules may be cited as the Scottish Land Court...
2The rules of the Scottish Land Court shall be as...
3The rules of the Scottish Land Court 1979 are revoked....
SCHEDULERULES OF THE SCOTTISH LAND COURT
INDEX
Definitions
Office and Sittings of the Court
Procedure
Consignation
Time Limits
Pleadings
Admissions, witnesses, production of documents, etc
Hearing
Evidence
Appointment of reporters, assessors, etc
Inspection
Abandonment
Falling asleep and wakening
Reponing
Appeal against Divisional Court Order
Re-hearing
Special case
Expenses
Orders of the Court, etc
General
RULES OF THE SCOTTISH LAND COURT
Coming into force 1st November 1992
1DEFINITIONS
2OFFICE AND SITTINGS OF THE COURT
3The Court shall hold sittings for the purpose of hearing...
4Any sitting and any hearing in any Application or proceeding...
PROCEDURE
5Applications
6No Application shall be incompetent solely on the ground that...
7Except as otherwise provided, Applications shall be signed by the...
8Where an Applicant cannot sign his name and is not...
9All Applications shall be addressed to the Land Court at...
10Tenants who hold pasture, grazing or other rights in common...
11Service, Intimation, Etc
12Any notice, order, summons or proceeding in any Application shall...
13Any period which begins to run from service or intimation...
14Service on, or intimation to, a landlord may be effected...
15Service on, or intimation to, any association, board, firm, company...
16In every case where a party to an Application is...
17In any Application where a Respondent’s address is unknown to...
18In any Application for resumption of, or otherwise relating to,...
19If any person who is named as a Respondent or...
20The receipt of the Post Office for a first class...
21When intimation is made under Rule 17 or 18 copies...
22Any person named as a Respondent in an Application or...
23No party who appears in court or lodges objections or...
24If there has been any insufficiency of, or irregularity in,...
25As soon as an Application has been received by the...
26Process
27No person shall be allowed, without leave of the Court,...
28Any solicitor acting for a party to an Application may...
29After the issue of a Final Order in any Application...
30CONSIGNATION
31Any sum of money which a party desires, or has...
32TIME LIMITS
33Any period limited by an Order for any act or...
34PLEADINGS
35The Court may, at any stage of an Application, order...
36All Answers, Replies, Objections or other pleadings shall be subscribed...
37Where a party is represented by a solicitor or factor...
38Amendment, Conjunction, Etc
39Where the same, or similar, questions of law or fact...
40The Court may appoint a curator ad litem to any...
41ADMISSIONS, WITNESSES, PRODUCTION OF DOCUMENTS, ETC
42Further, on special cause shown or of their own accord...
43All writings, plans, books, or excerpts from books, or other...
44All writings, plans, books, or excerpts from books, or other...
45The Court may allow any Answers, Objections, Minutes or other...
46When an Application or pleading or other original document has...
47If any Applicant or Respondent fails to lodge any statement...
48A copy of any Order summoning persons therein named to...
49Parties may, orally in open Court or by letters or...
50HEARING
51When the Application is called in Court at the appointed...
52Any person who, after being warned by the Court, (a)...
53The Court may call and examine, or grant commission to...
54EVIDENCE
55Any consent or undertaking in an Application may be given...
56All relevant objections to any deed or writing which is...
57Notes of evidence may be taken down by the Court...
58Evidence on Commission
59The Court may, of consent of parties, or where satisfied...
60APPOINTMENT OF REPORTERS, ASSESSORS, ETC
61INSPECTION
62ABANDONMENT
63FALLING ASLEEP AND WAKENING
64The Court may either of consent of all the parties...
65REPONING
66When a party, who has obtained any Order in his...
67APPEAL AGAINST DIVISIONAL COURT ORDER
68Such note shall be delivered, or transmitted by first class...
69At least two weeks prior to the hearing of an...
70Any party who has lodged an Appeal in terms of...
71It shall not be competent to take any Appeal after...
72It shall not be competent to take any Appeal except...
73The Full Court may give judgement in any Appeal—
74Every competent Appeal shall submit to review at the instance...
75In the event of an Appellant obtaining leave to withdraw...
76When the Order appealed against is a Final Order, the...
77When the Order appealed against is an Order appealed by...
78RE-HEARING
79Such motion shall be made by a note dated and...
80Such note shall be delivered, or transmitted by first class...
81It shall not be competent to move for Rehearing after...
82A motion for Rehearing maybe made upon one or more...
83Every motion for Rehearing or for leave to move for...
84The Court may dispose of the motion for Rehearing or...
85Where the Court, having regard to any of the grounds...
86Neither a motion for Rehearing nor an Order granted a...
87In any Appeal or Rehearing the Court may vary, recall...
88SPECIAL CASE
89The said party shall at the same time lodge with...
90After adjustment by parties or the Court, the draft case...
91On the special case being authenticated in terms of Rule...
92Neither the requisition for a special case nor any subsequent...
93The party on whose requisition the special case has been...
94When the opinion of the Court of Session has been...
95EXPENSES
96The Court may sanction the employment of counsel in Applications...
97Accounts of expenses, charged by solicitors against clients, or awarded...
98When any person other than a solicitor or counsel appears...
99In any Application the Court may make an award of...
100When two or more Applications involving similar questions and arising...
101ORDERS OF THE COURT, ETC
102Any one member of the Court or the Principal Clerk...
103Any verbal, clerical or casual error or omission or informality...
104Every Order which disposes of the subject-matter of an Application...
105All extracts or copies of Orders by the Court, required...
106The Principal Clerk shall at the request of any interested...
107GENERAL

1992 No. 2656 (S.233)

SCOTTISH LAND COURT

The Scottish Land Court Rules 1992

Made

Coming into force

The Scottish Land Court, in exercise of the powers conferred upon them by section 29 of the Crofters Holdings (Scotland) Act 18861, and now vested in them2 and by section 3(12) of the Small Landholders (Scotland) Act 19113 and all other powers enabling them in that behalf, and with the approval of the Treasury, hereby make the following Rules: