Lands Tribunal for Scotland Rules 1971
| Jurisdiction | UK Non-devolved |
| Citation | SI 1971/218 |
| Year | 1971 |
1971 No. 218 (S. 35)
LANDS TRIBUNAL
The Lands Tribunal for Scotland Rules 19718thFebruary 1971
1stMarch 1971
ARRANGEMENT OF RULES
Rules
Preliminary Citation, Commencement and Interpretation 1 and 2
Part I Applications under SSection 1 of the Conveyancing
and Feudal Reform (Scotland) Act 1970 3 to 5
Part II Applications under SSection 4 of the Conveyancing
and Feudal Reform (Scotland) Act 1970 6 to 9
Part III Determination of Questions of Disputed
Compensation 10 and 11
Part IV Appeals against Determinations by Commissioners
of Inland Revenue under the FFinance (1909-10)
Act 1910 12 to 15
Part V References under the Finance Act 1965 and the
Taxes Management Act 1970 16 to 18
Part VI General 19 to 36
Schedule 1 Forms
Schedule 2 Fees
Schedule 3 Revocations
In exercise of the powers conferred upon me by section 3 of the Lands Tribunal Act 1949(a) as amended by section 50 of the Conveyancing and Feudal Reform (Scotland) Act 1970(b), and of all other powers enabling me in that behalf, and after consultation with the Council on Tribunals, and with the approval of the Treasury in regard to the fees prescribed by these rules in respect of proceedings before the Tribunal, I hereby make the following rules:—
PRELIMINARY
Citation and commencement
1. These rules may be cited as the Lands Tribunal for Scotland Rules 1971 and shall come into operation on 1st March 1971.
Interpretation
2.—(1) In these rules, unless the context otherwise requires—
"the Act of 1949" means the Lands Tribunal Act 1949;
"the Act of 1963" means the Land Compensation (Scotland) Act 1963(c);
"the Act of 1970" means the Conveyancing and Feudal Reform (Scotland) Act 1970;
"benefited proprietor", "burdened proprietor", "interest in land" and "land obligation" have the meanings assigned to them by section 2(6) of the Act of 1970;
"cumulo feuduty" and "feu" have the meanings assigned to them by section 3(2) of the Act of 1970;
"General Commissioners" have the same meaning as in the Taxes Management Act 1970(d);
"notice of allocation", "proprietor", and "superior" have the meanings assigned to them by section 5(7) of the Act of 1970;
"the President" means the President of the Lands Tribunal for Scotland, or the member appointed under the provisions of the Act of 1949 to act for the time being as deputy for the President;
"Special Commissioners" have the same meaning as in the Taxes Management Act 1970;
"the Tribunal" means the Lands Tribunal for Scotland.
(2) A form referred to by number means the form so numbered in Schedule 1 to these rules.
(3) In these rules any reference to any enactment shall be construed as a reference to that enactment as amended by or under any other enactment.
(4) The Interpretation Act 1889(e) shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.
(a) 1949 c. 42.
(b) 1970 c. 35.
(c) 1963 c. 51.
(d) 1970 c. 9.
(e) 1889 c. 63.
PART I
APPLICATIONS UNDER SECTION 1 OF THE CONVEYANCING AND FEUDAL REFORM (SCOTLAND) ACT 1970
Method of making Application
3. Any burdened proprietor who wishes to make an application under section 1 of the Act of 1970 (variation and discharge of land obligations) shall send to the Tribunal an application in or as nearly as may be in accordance with Form 1.
Giving of Notices
4.—(1) On receipt of an application the Tribunal shall—
(a) give notice thereof in writing to the persons who appear to it to be either benefited or burdened proprietors having an interest in the subject of the application; and
(b) give notice in writing or by advertisement or by such other method as the Tribunal thinks fit to any other persons whom it considers should receive notice.
(2) The notice shall require those benefited and burdened proprietors who wish to oppose or to make representations in relation to the application to send intimation thereof in writing to the Tribunal and to the applicant within such time, not being less than 14 days from the date of the notice, as may be specified. Such intimation shall contain a concise statement of the facts and contentions on which it is intended to rely. The Tribunal shall send copies of any such intimations to those other persons whom at that stage it considers should receive a copy.
(3) The notice shall also intimate that subject to the Tribunal's discretion other persons to whom notice has been given under paragraph (1) of this rule may be heard in relation to the application.
Provisions as to orders
5.—(1) Subject to the provisions of paragraphs (2) and (3) of this rule, an order made by the Tribunal varying or discharging a land obligation shall take effect on the date it is made by the Tribunal.
(2) Where a land obligation is varied or discharged subject to the payment of any compensation awarded by the Tribunal, the order of the Tribunal shall not, so far as it affects such variation or discharge, take effect until the Tribunal has endorsed the order to the effect either that the compensation has been paid or that all persons to whom any compensation has been awarded but who have not received payment of it have agreed to the order taking effect.
(3) The Tribunal may direct that the compensation shall be paid or satisfied within a specified time and that, unless it is so paid or satisfied, the order shall be void on the expiration of the time so specified.
PART II
APPLICATIONS UNDER SECTION 4 OF THE CONVEYANCING AND FEUDAL REFORM (SCOTLAND) ACT 1970
Method of making Application
6. A superior who wishes to make an application under section 4 of the Act of 1970 (applications to Tribunal regarding allocation of feuduties) shall, within 28 days of the receipt by him of the notice of allocation, send to the Tribunal an application in or as nearly as may be in accordance with Form 2 and he shall enclose with his application a copy of the notice of allocation.
Giving of Notices
7.—(1) On receipt of an application the Tribunal shall—
(a) give notice thereof in writing to the persons who appear to it to be proprietors of parts of the feu in respect of which the cumulo feuduty is exigible; and
(b) give notice in writing or by advertisement or by such other method as the Tribunal thinks fit to any other persons whom it considers should receive notice.
(2) The notice shall contain a statement of the Tribunal's intention to allocate the cumulo feuduty on each part of the feu which is held by a separate proprietor and shall require those proprietors of parts of the feu and other persons having an interest who wish to make representations to send intimation thereof in writing to the Tribunal within such time, not being less than 14 days from the date of the notice, as may be specified. Any written statement of such representations must be sent to the Tribunal and to the applicant within the said time. The Tribunal shall send copies of any such written statements to those persons to whom written notice has been given under paragraph (1) of this rule.
Decision of Tribunal
8. Without prejudice to the provisions of rule 32 the Tribunal shall send a copy of its decision to those persons to whom written notice has been given under rule 7(1) and to the superior.
Ground Annuals
9. In accordance with section 6 of the Act of 1970 the provisions of rules 6, 7 and 8 shall apply in relation to a ground annual as they apply in relation to a feuduty.
PART III
DETERMINATION OF QUESTIONS OF DISPUTED COMPENSATION
General
10. Subject to the provisions of Part II of the Act of 1963 and of Part VI of these rules the procedure regulating the determination of questions of disputed compensation shall be as set out in this Part of these rules.
Method of making Application
11.—(1) Proceedings for the determination of any question or dispute to which this Part of these rules applies may be instituted by any party who requires to have the question or dispute determined sending to the Tribunal an application in or as nearly as may be in accordance with Form 3 and the Tribunal shall send copies of such application to the other parties to the question or dispute and to any other persons whom it considers should receive a copy.
(2) There shall be sent with the application—
(a) if the compensation is payable on the compulsory acquisition of land, a copy of the notice to treat (if such notice has been served) and of any notice of claim and any amendment thereof delivered to the acquiring authority in pursuance of section 5 of the Act of 1963; or
(b) in any other case, a copy of the order, direction, notice, decision, authorisation or other document which is evidence of the proceedings giving rise to compensation.
(3) An application shall not be made before the expiry of 30 days from the date of service or constructive service of notice to treat or (where no notice to treat is served or is deemed to be served) of notice of claim.
PART IV
APPEALS AGAINST DETERMINATIONS BY COMMISSIONERS OF INLAND REVENUE UNDER THE FINANCE (1909-10) ACT 1910
Notice of appeal
12. Any person who wishes to appeal against any determination by the Commissioners of Inland Revenue in respect of which, but for the provisions of the Act of 1949, there would be a right of appeal to one of the panel of referees appointed under Part I of the Finance (1909-10) Act 1910(a) may institute proceedings by sending to the Tribunal in duplicate a notice of appeal. In the case of an appeal against a decision of the Commissioners under section 60 of that Act, the notice shall be in or as nearly as may be in accordance with Form 4.
Time for giving notice
13. A notice of appeal under rule 12 shall not be valid unless it is sent to the Tribunal within 30 days from the date on which notice of the determination was served upon the appellant, or within such other time as may be prescribed by the enactment by virtue of which an appeal against the determination lies to the Tribunal.
Giving of Notices
14.—(1) On receipt of a notice...
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