SCHEDULE 9Appeals to Scottish Land Court

Article 74(1)

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.

Annotations:
Commencement Information
I2

Sch. 9 para. 2 in force at 12.11.2020, see art. 2(1)

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.

Annotations:
Commencement Information
I3

Sch. 9 para. 3 in force at 12.11.2020, see art. 2(1)

I44

1

The F4respondent must, within 16 days of receipt of the copy of the appropriate form, give notice of it to any person who appears to the F4respondent to have a particular interest in the appeal (“interested party”).

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.