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Scottish Land Court Act 1993

Consolidated Text As Enacted Cited authorities 17 Cited in Related
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Year1993


Scottish Land Court Act1993

1993 CHAPTER 45

[A table showing the derivation of the provisions of this consolidation Act will be found at the end of this Act. The table has no official status.]

An Act to consolidate certain enactments relating to the constitution and proceedings of the Scottish Land Court; and to repeal provisions of the Crofters Holdings (Scotland) Act 1886 relating to the Scottish Land Court which are no longer of practical utility.

[5th November 1993]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 The Land Court.

1 The Land Court.

(1) The Scottish Land Court (‘the Land Court’) established by section 3 of the Small Landholders (Scotland) Act 1911 shall continue in being.

(2) The Land Court shall consist of such persons, being not more than seven, as Her Majesty, on the recommendation of the Secretary of State, may appoint; and one of those persons may be so appointed to be Chairman of the Court.

(3) The Chairman shall be a person who at the date of his appointment is—

(a) an advocate of the Scottish Bar of not less than ten years' standing; or

(b) without prejudice to paragraph (a) above, a sheriff principal or sheriff who has held office as such for a continuous period of not less than ten years; or

(c) a solicitor who, by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980 , has for a continuous period of not less than ten years had a right of audience in the Court of Session,

and shall forthwith on his appointment have the same rank and tenure of office as if he had been appointed a judge of the Court of Session.

(4) Subsection (3)(b) above shall not confer any eligibility for appointment as chairman on a temporary sheriff principal or sheriff appointed under section 11 of the Sheriff Courts (Scotland) Act 1971 who is not otherwise eligible for such appointment.

(5) One of the members of the Land Court shall be a person who can speak the Gaelic language.

(6) Without prejudice to any jurisdiction conferred on it by any other enactment, the Land Court shall have jurisdiction to hear and determine all matters, whether of law or fact, which arise under the Crofters (Scotland) Act 1993 , the Small Landholders (Scotland) Acts 1886 to 1931 or the Agricultural Holdings (Scotland) Act 1991 and, subject to subsection (7) below, the decision of the Land Court in any case shall be final.

(7) The Land Court may, if it thinks fit, and shall, on the request of any party, state a special case on any question of law arising in any proceedings pending before it under any enactment for the opinion of the Inner House of the Court of Session, which is hereby authorised finally to determine that question.

(8) Schedule 1 to this Act shall have effect with respect to the Land Court.

S-2 Short title, repeals, commencement and extent.

2 Short title, repeals, commencement and extent.

(1) This Act may be cited as the Scottish Land Court Act 1993 .

(2) The enactments specified in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) This Act shall come into force on the expiry of the period of 2 months beginning with the date on which it is passed.

(4) This Act extends to Scotland only.

S C H E D U L E S

SCHEDULE 1

THE LAND COURT

Incorporation

Incorporation

SCH-1.1

1. The Land Court shall be a body corporate with a common seal which shall be judicially noticed; and any order or other instrument purporting to be so sealed shall be received as evidence without further proof.

Tenure of office, remuneration and superannuation

Tenure of office, remuneration and superannuation

SCH-1.2

2. Every member of the Land Court (other than the Chairman) shall vacate his office on attaining the age of 65 years.

SCH-1.3

3. There shall be paid to the Chairman of the Land Court and to each of the other members such salary as may be determined by the Treasury; and such salaries shall be charged on and paid out of the Consolidated Fund.

SCH-1.4

4.

(1) The Chairman shall have the same right to a retiring annuity proportionate to his salary, subject to the like conditions and incidents as if he had been appointed a judge of the Court of Session; and every such annuity shall be charged on and paid out of the Consolidated Fund.

(2) The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply to every member of the Land Court (other than the Chairman) in like manner as that scheme applies to persons employed in the civil service of the State.

Organisation of Court

Organisation of Court

SCH-1.5

5. Subject to paragraph 6 of this Schedule, three members of the Land Court shall be a quorum.

SCH-1.6

6.

(1) The Land Court may delegate such of its powers as it may think expedient to any one member or to any two members of the Court, with or without the assistance of one or more land valuers, assessors or other skilled persons, and may revoke, alter or modify any such delegation of powers.

(2) Any order or determination arrived at under a delegation made in pursuance of this paragraph shall be subject to review upon appeal by three or more members of the Land Court (including, where such court of review consists of three members, not more than one member who was a party to such order or determination) sitting together, one of whom shall be the Chairman of the Land Court.

SCH-1.7

7. The Secretary of State shall appoint a fit person to act as principal clerk of the Land Court.

SCH-1.8

8. The Land Court may appoint or employ such assessors, surveyors, solicitors, valuers, clerks, messengers and other persons required for the due performance of its duties, as the Treasury, on the recommendation of the Secretary of State, may sanction.

Vacancies in membership and appointment of Deputy Chairman

Vacancies in membership and appointment of Deputy Chairman

SCH-1.9

9. Subject to paragraph 10 of this Schedule, any vacancy occurring in the membership of the Land Court may...

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