The Lands Tribunal for Scotland (Amendment) (Fees) Rules 1996

Statutory Instruments

1996 No. 519 (S.52)

LANDS TRIBUNAL

The Lands Tribunal for Scotland (Amendment) (Fees) Rules 1996

Made

28th February 1996

Coming into force

1st April 1996

The Lord Advocate, in exercise of the powers conferred by section 3(6) and (12)(e) of the Lands Tribunal Act 1949(1) and now vested in him(2) and of all other powers enabling him in that behalf, and with the approval of the Treasury, hereby makes the following Rules:

1.  These Rules may be cited as the Lands Tribunal for Scotland (Amendment) (Fees) Rules 1996 and shall come into force on 1st April 1996.

2.  For the Table of Fees contained in Schedule 2 to the Lands Tribunal for Scotland Rules 1971(3), there shall be substituted the Table of Fees set out in the Schedule to these Rules.

3.  The Lands Tribunal for Scotland (Amendment) (Fees) Rules 1995(4) are hereby revoked.

MacKay of Drumadoon

Lord Advocate

Lord Advocate’s Chambers

21st February 1996

We approve,

Simon Burns

Liam Fox

Two of the Lords Commissioners of Her Majesty’s Treasury

28th February 1996

Rule 2

SCHEDULE FEES

Item	Fee payable	Fee formerly payable(5)
Applications etc. 1.  On an application under the Conveyancing and Feudal Reform (Scotland) Act 1970(6)— (i) section 1 (land obligations)— initial application	£130	£125
(ii) section 1— subsequent application	£65	£60
(iii) section 4 (feu duties)	£75	£75
2.  On an application relating to disputed compensation under Part III of these Rules or where the Tribunal is acting under a reference by consent under section 1(5) of the Lands Tribunal Act 1949— (i) where the disputed amount does not exceed £20,000 being either a lump sum or a rent or other annual payment	£78	£75
(ii) where the disputed amount exceeds £20,000 being either a lump sum or a rent or other annual payment	£130	£125
(iii) where the application or reference does not involve a disputed amount	£78	£75
3.  On an appeal under section 1(3A)(7) of the Lands Tribunal Act 1949 (valuation for rating)— (i) where the net annual value does not exceed £10,000	£100	£100
(ii) where the net annual value exceeds £10,000 but not £50,000	£150	£150
(iii) where the net annual value exceeds £50,000 but not £100,000	£300	£300
(iv) where the net annual value exceeds £100,000	£500	£500
4.  On an appeal under section 1(3BA)(8) of the Lands Tribunal Act 1949 (non-referral of valuation appeal or complaint)	£78	£75
5.  On an appeal under section 25 of the Land Registration (Scotland) Act 1979(9)(appeal against action or omission of the Keeper of the Registers of Scotland)	£78	£75
6.  On any other application (not being an appeal under Part IV or Part VA or a reference under Part V of these Rules)	£52	£50
Hearing Fees, etc. 7.—(a) On the hearing of an application under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970	£155 for each day on which the Tribunal sits	£150 for each day on which the Tribunal sits
(b) On the making of an order under— (i) section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970; or	£88	£85
(ii) section 4 of that Act	£88	£85
8.  On the hearing of an application under Part III or an appeal under Part VC of these Rules or where the Tribunal is acting under a reference by consent— (a) Where the amount is determined in terms of a lump sum—	£50 in respect of every £5,000 or part of £5,000 of such lump sum but not less than £155 for each day on which the Tribunal sits and not exceeding in any case £5,000	£50 in respect of every £5,000 or part of £5,000 of such lump sum but not less than £150 for each day on which the Tribunal sits and not exceeding in any case £5,000
(b) Where the amount is determined in terms of rent or other annual payment—	£50 in respect of every £500 or part of £500 of such rent or other annual payment but not less than £155 for each day on which the Tribunal sits and not exceeding in any case £5,000	£50 in respect of every £500 or part of £500 of such rent or other annual payment but not less than £150 for each day on which the Tribunal sits and not exceeding in any case £5,000
(c) Where there is a settlement as to amount, for each day on which the Tribunal sits	£155	£150
9.  On the hearing of any other application or appeal or reference including the hearing of preliminary pleas-in-law or legal debates in which no fee is payable by reference to an amount determined	£155 for each day on which the Tribunal sits	£150 for each day on which the Tribunal sits
Miscellaneous fees 10.  On certifying a copy of an order or determination of the Tribunal	£7.50	£7.00
11.  For each sheet of a copy of all or part of any document	£1.20	£1.20
12.  On a case for the decision of the Court of Session or the Lands Valuation Appeal Court (in respect of references under Part VC of these Rules)—an application for appeal by way of stated case (to include drafting of case and any necessary copies)	£55	£50
13.  On the placing of an advertisement under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (Note—advertisements are invariably required in applications involving (a) missing superiors, (b) alcohol and (c) major developments which may have widespread implications)	100 per cent of the cost of the advertisement in an appropriate newspaper (charge is restricted to the cost of one advertisement irrespective of the number of advertisements placed)	100 per cent of the cost of the advertisement in an appropriate newspaper (charge is restricted to the cost of one advertisement irrespective of the number of advertisements placed)
14.  On an application for the cancellation of a hearing	£75	£75
15.  On an application during the course of proceedings which is not specifically referred to in the above table of fees (eg an application for (i) an extension to the period in which answers or adjustments are required to be lodged, or (ii) the continuation or sisting of an application)	£35	£30

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 1971 from 1st April 1996 by substituting a new Table of Fees in Schedule 2 to those Rules. Some of the fees payable to the Tribunal are increased.

The Table of Fees was most recently amended with effect from 1st April 1995.

(1)

1949 c. 42; subsection (12)(e) of section 3 was inserted by the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), section 50(2) and amended by article 3(3)(c) of S.I. 1972/2002; the amendments to subsection (6) of section 3 are not relevant to these Rules.

(2)

S.I. 1972/2002.

(3)

S.I. 1971/218; relevant amending instrument is S.I. 1995/308.

(4)

S.I. 1995/308.

(5)

This column shows the fees which were payable under S.I. 1971/218 as amended by S.I. 1995/308 before the coming into force of the Lands Tribunal for Scotland (Amendment) (Fees) Rules 1996 (S.I. 1996/519) on 1st April 1996.

(6)

1970 c. 35.

(7)

Section 1(3A) was inserted by the Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31), section 12(1).

(8)

Section 1(3BA) was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 6, paragraph 1.

(9)

1979 c. 33.