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.