Scottish Land Court Act 1993
| Jurisdiction | UK Non-devolved |
(1) The Scottish Land Court (“the Land Court”) established by section 3 of the (2) The Land Court shall consist of such persons, being not more than seven, as Her Majesty, on the recommendation of the F1First Minister, may appoint; and one of those persons may be so appointed to be Chairman of the Court.(2A) Before recommending the appointment of a person as Chairman, the First Minister shall consult the Lord President of the Court of Session.an advocate of the Scottish Bar of not less than ten years’ standing; orwithout 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; ora solicitor who, by virtue of section 25A (rights of audience) of the (4) Subsection (3) (b) above shall not confer any eligibility for appointment as chairman on a temporary sheriff principal (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 F13or by virtue of an Act of the Scottish Parliament, the Land Court shall have jurisdiction to hear and determine all matters, whether of law or fact, which arise under the Crofters (Scotland) Act F61993 or the Small Landholders (Scotland) Acts 1886 to 1931 ... and, subject to subsection (7) below, the decision of the Land Court in any F8such 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 F23, or under the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015F10, or under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6) ,F9, or under Part 3 of the Land Reform (Scotland) Act 2003 (asp 2) , for the opinion of the Inner House of the Court of Session, which is hereby authorised finally to determine that question.(7A) Subsection (7) above does not apply in respect of proceedings in connection with any matter which may be determined by the Land Court by virtue of the Agricultural Holdings (Scotland) Act 1991 (c. 55) F32, the Agricultural Holdings (Scotland) Act 2003 or section 116 of the Land Reform (Scotland) Act 2016.(8) Schedule 1 to this Act shall have effect with respect to the Land Court.(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.(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.(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to the Chairman of the Land Court such salary F33and such allowances as the Treasury may determine.The SCTS is to pay to each of the other members of the Land Court such salary F34and such allowances as the SCTS may determine.Sums required by the SCTS for the payment of a salary F35or an allowance under this paragraph are charged on the Scottish Consolidated Fund.The SCTS may pay to a member of the Land Court such sums as it may determine in respect of expenses reasonably incurred by the member in the performance of, or in connection with, the member's duties.
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