SCHEDULE 9Appeals to Scottish Land Court
I11
1
A person who wishes to appeal to the Scottish Land Court under article 70 against a decision of the regulator F1or the registry administrator (in either case, the “respondent”) must—
a
send the appropriate form to the Scottish Land Court together with the documents referred to in sub-paragraph (2);
b
at the same time, send a copy of that form to the F2respondent together with copies of the documents referred to in sub-paragraph (2)(a) and (f).
2
The documents are—
a
a statement of the grounds of appeal;
b
a copy of any relevant application;
c
a copy of any relevant plan;
d
a copy of any relevant correspondence between the appellant and the F3respondent;
e
a copy of any notice (or particulars of any deemed refusal) which is the subject matter of the appeal;
f
a statement indicating whether the appellant wishes the appeal to be—
i
in the form of a hearing; or
ii
to be disposed of on the basis of written representations.
3
An appeal to the Scottish Land Court may be made on one or more of the following grounds—
a
the decision or notice was based on an error of fact;
b
the decision or notice was wrong in law;
c
the decision or notice was unreasonable for any other reason (including that the amount of a penalty was unreasonable);
d
any other reason.
4
In this Schedule—
“appropriate form” has the meaning given in rule 3 of the Rules of the Scottish Land Court Order 2014 M1;
“decision” includes a deemed refusal under this Order.
I22
1
Subject to sub-paragraph (2), the appropriate form must be sent to the Scottish Land Court before the expiry of the period of 28 days beginning with the date of the decision.
2
The Scottish Land Court may accept the appropriate form after the expiry of that period where satisfied that there was a good reason for the failure to bring the appeal in time.
I33
1
The Scottish Land Court may determine an appeal, or any part of an appeal, on the basis of written representations and without a hearing where—
a
the parties agree; or
b
the Scottish Land Court considers it can determine the matter justly without a hearing.
2
The Scottish Land Court must not determine the appeal without a hearing without first giving the parties notice of its intention to do so, and an opportunity to make written representations as to whether there should be a hearing.
I44
1
2
A notice under sub-paragraph (1) must—
a
state that an appeal has been initiated;
b
state the name of the appellant;
c
describe the decision or notice to which the appeal relates;
d
state that, if a hearing is to be held wholly or partly in public, an interested party will be notified of the date, time and location of the hearing;
e
state that an interested party may request to be heard at a hearing.
3
An interested party may request the F4respondent to provide the interested party with a copy of the documents set out in paragraph 1(2) only for the purposes of the appeal.
4
Where a request is made under sub-paragraph (3), the F4respondent must provide the documents to the interested party as soon as reasonably practicable.
5
An interested party may—
a
make representations to the Scottish Land Court in relation to the appeal;
b
be heard at a hearing in relation to the appeal.
6
The representations by an interested party must be made within 16 days of the date of the notice under sub-paragraph (1).
7
The Scottish Land Court must provide a copy of any representations to the parties.
8
The F4respondent must, within 8 days of sending a notice under sub-paragraph (1), give notice to the Scottish Land Court of the persons to whom and the date on which the notice was sent.
9
If an appeal is withdrawn, the F4respondent must give notice to all interested parties about the withdrawal.