Lands Tribunal for Scotland (Amendment) (Fees) Rules 1996

JurisdictionUK Non-devolved
CitationSI 1996/519
Year1996

1996 No. 519 (S.52)

LANDS TRIBUNAL

The Lands Tribunal for Scotland (Amendment) (Fees) Rules 1996

Made 28th February 1996

Coming into force 1st April 1996

The Lord Advocate, in exercise of the powers conferred by section 3(6) and (12)(e) of the Lands Tribunal Act 19491and now vested in him2and of all other powers enabling him in that behalf, and with the approval of the Treasury, hereby makes the following Rules:

S-1 These Rules may be cited as the Lands Tribunal for Scotland...

1. These Rules may be cited as the Lands Tribunal for Scotland (Amendment) (Fees) Rules 1996 and shall come into force on 1st April 1996.

S-2 For the Table of Fees contained in Schedule 2 to the Lands...

2. For the Table of Fees contained in Schedule 2 to the Lands Tribunal for Scotland Rules 19713, there shall be substituted the Table of Fees set out in the Schedule to these Rules.

S-3 The Lands Tribunal for Scotland (Amendment) (Fees) Rules 1995 ...

3. The Lands Tribunal for Scotland (Amendment) (Fees) Rules 19954are hereby revoked.

MacKay of Drumadoon

Lord Advocate

Lord Advocate’s Chambers

21st February 1996

Simon Burns

Liam Fox

Two of the Lords Commissioners of Her Majesty’s Treasury

28th February 1996

SCHEDULE

Rule 2

FEES

Item

Fee payable

Fee formerly payable

1. Applications etc.

On an application under the Conveyancing and Feudal Reform (Scotland) Act 19706

(i) section 1 (land obligations)— initial application

£130

£125

(ii) section 1— subsequent application

£65

£60

(iii) section 4 (feu duties)

£75

£75

2. On an application relating to disputed compensation under Part III of these Rules or where the Tribunal is acting under a reference by consent under section 1(5) of the Lands Tribunal Act 1949

(i) where the disputed amount does not exceed £20,000 being either a lump sum or a rent or other annual payment

£78

£75

(ii) where the disputed amount exceeds £20,000 being either a lump sum or a rent or other annual payment

£130

£125

(iii) where the application or reference does not involve a disputed amount

£78

£75

3. On an appeal under section 1(3A)7of the Lands Tribunal Act 1949 (valuation for rating)—

(i) where the net annual value does not exceed £10,000

£100

£100

(ii) where the net annual value exceeds £10,000 but not £50,000

£150

£150

(iii) where the net annual value exceeds £50,000 but not £100,000

£300

£300

(iv) where the net annual value exceeds £100,000

£500

£500

4. On an appeal under section 1(3BA)8of the Lands Tribunal Act 1949 (non-referral of valuation appeal or complaint)

£78

£75

5. On an appeal under section 25 of the Land Registration (Scotland) Act 19799(appeal against action or omission of the Keeper of the Registers of Scotland)

£78

£75

6. On any other application (not being an appeal under Part IV or Part VA or a reference under Part V of these Rules)

£52

£50

7. Hearing Fees, etc.

(a) On the hearing of an application under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970

£155 for each day on which the Tribunal sits

£150 for each day on which the Tribunal sits

(b) On the making of an order under—

(i) section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970; or

£88

£85

(ii) section 4 of that Act

£88

£85

8. On the hearing of an application under Part III or an appeal under Part VC of these Rules or where the Tribunal is acting under a reference by consent—

(a) Where the amount is determined in terms of a lump sum—

£50 in respect of every £5,000 or part of £5,000 of such lump sum but not less than £155 for each day on which the Tribunal sits and not exceeding in any case £5,000

£50 in respect of every £5,000 or part of £5,000 of such lump sum but not less than £150 for each day on which the Tribunal sits and not exceeding in any case £5,000

(b) Where the amount is determined in terms of rent or other annual payment—

£50 in respect of every £500 or part of £500 of such rent or other annual payment but not less than £155 for each day on which the Tribunal sits and not exceeding in any case £5,000

£50 in respect of every £500 or part of £500 of such rent or other annual payment but not less than £150 for each day on which the Tribunal sits and not exceeding in any case £5,000

(c) Where there is a settlement as to amount, for each day on which the Tribunal sits

£155

£150

9. On the hearing of any other application or appeal or reference including the hearing of preliminary pleas-in-law or legal debates in which no fee is payable by reference to an amount determined

£155 for each day on which the Tribunal sits

£150 for each day on which the Tribunal sits

...

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