The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009

Lands Tribunal Act 1949 U.K.

11.  In section 1 (establishment and jurisdiction of Lands Tribunal)—

(a) for the heading substitute “Establishment of the Lands Tribunal for Scotland and jurisdiction”;

(b) in subsection (1) for the words from “the following tribunals, namely” to the end substitute “a tribunal for Scotland, to be called “the Lands Tribunal for Scotland”.”;

(c) omit subsection (2);

(d) in subsection (3)—

(i) for “Lands Tribunal” substitute “Upper Tribunal or the Lands Tribunal for Scotland”; and

(ii) in paragraph (c) after “Lands Clauses Consolidation Act 1845” insert “or section 109 of the Lands Clauses Consolidation (Scotland) Act 1845”;

(e) in subsections (4) and (5) for “Lands Tribunal”, in each place, substitute “Upper Tribunal or the Lands Tribunal for Scotland”;

(f) in subsection (6) for “as hereinafter mentioned from the members of the Lands Tribunal” substitute “by the Senior President of Tribunals from members of the Upper Tribunal who are members or fellows of the Royal Institution of Chartered Surveyors”;

(g) after subsection (6) insert—

“(6A) Where any person is or may be liable for any compensation falling to be determined under section 57 or 97 of the Lands Clauses Consolidation (Scotland) Act 1845 (which sections relate to the procedure in default of a claimant), the surveyor referred to in those sections shall be selected from members of the Lands Tribunal for Scotland in accordance with the following provisions of this Act.”; and

(h) omit subsection (8).

Commencement Information

I1 Sch. 1 para. 11 in force at 1.6.2009, see art. 1