LegalizeReform history
Scottish Land Court Act 1993
12 versions
· 1993-11-05
2022-05-10
Scottish Land Court Act 1993
2022-03-10
Scottish Land Court Act 1993
2017-04-01
Scottish Land Court Act 1993
2016-11-28
Scottish Land Court Act 1993
2015-11-12
Scottish Land Court Act 1993
2013-01-09
Scottish Land Court Act 1993
2007-06-25
Scottish Land Court Act 1993
Changes on 2007-06-25
@@ -24,7 +24,7 @@
- (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, or under the Agricultural Holdings (Scotland) Act 2003 (asp 11), 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 or the Small Landholders (Scotland) Acts 1886 to 1931 ...... and, subject to subsection (7) below, the decision of the Land Court in anysuch case shall be final.
- (6) Without prejudice to any jurisdiction conferred on it by any other enactment or 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 1993 or the Small Landholders (Scotland) Acts 1886 to 1931 ...... and, subject to subsection (7) below, the decision of the Land Court in anysuch 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, or under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6),, 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.
@@ -72,15 +72,19 @@
##### 5
Subject to paragraph 6 of this Schedule, three members of the Land Court shall be a quorum.
Subject to paragraph 6 of this Schedule, a quorum of the Land Court shall be—
- (a) three of its members if none of the three is the Chairman; or
- (b) the Chairman and one other of its members.
##### 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, subject to sub-paragraph (3) below 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.
- (3) There shall be no such review if the Court, when making a delegation in pursuance of this paragraph in relation to a matter before it in pursuance of the Agricultural Holdings (Scotland) Act 1991 (c. 55) or the Agricultural Holdings (Scotland) Act 2003 (asp 11), so orders.
- (2) Any order or determination arrived at under a delegation made in pursuance of this paragraph , other than a delegation to one member where that member is the Chairman, shall be subject to review upon appeal by three or more members, or nominated former members, of the Land Court sitting together; and one of the members so sitting shall be the Chairman.
- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 7
@@ -98,7 +102,11 @@
##### 10
- (1) The Secretary of State may appoint any person having the qualification required for holding the office of Chairman as a Deputy Chairman, who shall act in place of the Chairman for such periods as the Chairman may, with the consent of the Secretary of State, direct.
- (1) The Secretary of State may appoint any person having the qualification required for holding the office of Chairman as a Deputy Chairman, who
- (a) shall act in place of the Chairman for such periods as the Chairman may, with the consent of the Secretary of State, direct; and
- (b) may, when not acting in accordance with a direction under head (a) above or under sub-paragraph (2) below, act in place of a member of the Court other than the Chairman.
- (2) Where there is a vacancy in the office of Chairman, or where the Chairman is, for whatever reason, unable to act, the Deputy Chairman shall act at the direction of the Secretary of State.
@@ -120,9 +128,9 @@
##### 12
The Land Court may—
- (a) subject to the approval of the Secretary of State, prescribe such forms of application and other forms of procedure as they think proper;
The Land Court may, by order made by statutory instrument—
- (a) subject to the approval of the Secretary of State, prescribe such forms of application and other forms of procedure as it thinks proper;
- (b) make rules with reference to proceedings before it; and
@@ -166,7 +174,7 @@
##### 18
- (1) There shall be paid to each of the persons appointed or employed under paragraph 7, 8 or 10 of this Schedule such salary or remuneration as the Treasury may sanction.
- (1) There shall be paid to each of the persons appointed , employed or as the case may be nominated under paragraph 7, 7A, 8 or 10 of this Schedule such salary or remuneration as the Treasury may sanction.
- (2) All salaries and remuneration payable, and the expenses of the Land Court in the execution of their duties, under this Act, to such amount as may be sanctioned by the Treasury, shall be paid out of money provided by Parliament.
@@ -208,18 +216,12 @@
[^key-b3e8661292883cead559bd8a316b5c44]: S. 1(7A) inserted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [ss. 82(b)](https://www.legislation.gov.uk/asp/2003/11/section/82/b), [95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3), [95(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-409bd208ca0b796f91e74c0bf9eceaec]: Words in s. 1(6) inserted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [ss. 82(a)(i)](https://www.legislation.gov.uk/asp/2003/11/section/82/a/i), [95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3), [95(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-aaa9f165310cc5376319572bf53ce35d]: Words in s. 1(6) substituted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [ss. 82(a)(ii)](https://www.legislation.gov.uk/asp/2003/11/section/82/a/ii), [95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3), [95(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-277a9a48bd131334212c1c4c3003e2f9]: Words in s. 1(6) repealed (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [ss. 82(a)(iii)](https://www.legislation.gov.uk/asp/2003/11/section/82/a/iii), [95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3), [95(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-6a9fecc7cef503637c1e7d0a3868afd9]: Word in s. 1(6) inserted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [ss. 82(a)(iv)](https://www.legislation.gov.uk/asp/2003/11/section/82/a/iv), [95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3), [95(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-b3199daba4bba64c3f4cb8c514f3faea]: [Sch. 1 para. 6(3)](https://www.legislation.gov.uk/ukpga/1993/45/schedule/1/paragraph/6/3) inserted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [ss. 82(c)(ii)](https://www.legislation.gov.uk/asp/2003/11/section/82/c/ii), [95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3), [95(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-6e5ae72a3813542c7c5bcc6b1dc88c79]: Words in [Sch. 1 para. 6(2)](https://www.legislation.gov.uk/ukpga/1993/45/schedule/1/paragraph/6/2) inserted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [ss. 82(c)(i)](https://www.legislation.gov.uk/asp/2003/11/section/82/c/i), [95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3), [95(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(g)](https://www.legislation.gov.uk/ssi/2003/548/article/2/g) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))
[^key-8d104b9cb31f5fd495e71af0491afe20]: Sch. 1 para. 6(2) excluded (14.6.2004) by [Land Reform (Scotland) Act 2003 (asp 2)](https://www.legislation.gov.uk/asp/2003/2), [ss. 97(3)](https://www.legislation.gov.uk/asp/2003/2/section/97/3), [100(3)](https://www.legislation.gov.uk/asp/2003/2/section/100/3) (with [s. 100(2)](https://www.legislation.gov.uk/asp/2003/2/section/100/2)); [S.S.I. 2004/247](https://www.legislation.gov.uk/ssi/2004/247), [art. 2(a)](https://www.legislation.gov.uk/ssi/2004/247/article/2/a)
[^key-f6ef0321a381568008926b2977070d5d]: Words in s. 1(7) inserted (14.6.2004) by [Land Reform (Scotland) Act 2003 (asp 2)](https://www.legislation.gov.uk/asp/2003/2), [ss. 97(2)](https://www.legislation.gov.uk/asp/2003/2/section/97/2), [100(3)](https://www.legislation.gov.uk/asp/2003/2/section/100/3) (with [s. 100(2)](https://www.legislation.gov.uk/asp/2003/2/section/100/2)); [S.S.I. 2004/247](https://www.legislation.gov.uk/ssi/2004/247), [art. 2(a)](https://www.legislation.gov.uk/ssi/2004/247/article/2/a)
@@ -227,3 +229,35 @@
[^key-fe5b1f4064f8725173d146a025726281]: Words in s. 1(7) inserted (29.11.2004) by [Nature Conservation (Scotland) Act 2004 (asp 6)](https://www.legislation.gov.uk/asp/2004/6), [s. 59(2)](https://www.legislation.gov.uk/asp/2004/6/section/59/2), [Sch. 7 para. 9](https://www.legislation.gov.uk/asp/2004/6/schedule/7/paragraph/9) (with [s. 55(2)](https://www.legislation.gov.uk/asp/2004/6/section/55/2)); [S.S.I. 2004/495](https://www.legislation.gov.uk/ssi/2004/495), [art. 2](https://www.legislation.gov.uk/ssi/2004/495/article/2)
[^key-4e02bb396851d7ff61c1f675876b146c]: [Act](https://www.legislation.gov.uk/ukpga/1993/45) applied (31.3.2005) by [Dairy Produce Quotas (Scotland) Regulations 2005 (S.S.I. 2005/91)](https://www.legislation.gov.uk/ssi/2005/91), [Sch. 1 para. 27](https://www.legislation.gov.uk/ssi/2005/91/schedule/1/paragraph/27)
[^key-9a875b481845db8b3453a877532fb141]: Sch. 1 para. 6A inserted (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(4)](https://www.legislation.gov.uk/asp/2007/7/section/34/4), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-4a58b338839ab84cbc9f9cdcf7320a92]: [Sch. 1 para. 7A](https://www.legislation.gov.uk/ukpga/1993/45/schedule/1/paragraph/7A) inserted (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(5)](https://www.legislation.gov.uk/asp/2007/7/section/34/5), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-16e85fadf62a71130dd2722d434ea902]: Words in s. 1(6) substituted (25.6.2007) by virtue of [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [s. 43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3), [Sch. 1 para. 3](https://www.legislation.gov.uk/asp/2007/7/schedule/1/paragraph/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-75068ff6a5a6347e8cc67bd29f1cb77d]: Words in Sch. 1 para. 10(1) renumbered as Sch. 1 para. 10(1)(a) (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(6)(a)](https://www.legislation.gov.uk/asp/2007/7/section/34/6/a), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-843c66d7c54b84f3daf4220646e61138]: Sch. 1 para. 10(1)(b) and preceding word added (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(6)(b)](https://www.legislation.gov.uk/asp/2007/7/section/34/6/b), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-881b218ab3fd4c1ba2f6b0204bcc84b5]: Words in Sch. 1 para. 12 inserted (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(7)(a)](https://www.legislation.gov.uk/asp/2007/7/section/34/7/a), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-8b24515326fa92e301464d501ea89634]: Words in Sch. 1 para. 12(a) substituted (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(7)(b)](https://www.legislation.gov.uk/asp/2007/7/section/34/7/b), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-812ca89809788470117eed3efd02c56f]: Words in [Sch. 1 para. 18](https://www.legislation.gov.uk/ukpga/1993/45/schedule/1/paragraph/18) substituted (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(8)](https://www.legislation.gov.uk/asp/2007/7/section/34/8), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-fa195bba4c2e9e01b06f209371f86db8]: Words in [Sch. 1 para. 5](https://www.legislation.gov.uk/ukpga/1993/45/schedule/1/paragraph/5) substituted (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(2)](https://www.legislation.gov.uk/asp/2007/7/section/34/2), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-57ecc83fa21611cd3edc73dd04ff759e]: Words in Sch. 1 para. 6(2) substituted (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(3)(a)](https://www.legislation.gov.uk/asp/2007/7/section/34/3/a), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
[^key-ecd8635bb751468a652587e5126759a0]: Sch. 1 para. 6(3) repealed (25.6.2007) by [Crofting Reform etc. Act 2007 (asp 7)](https://www.legislation.gov.uk/asp/2007/7), [ss. 34(3)(b)](https://www.legislation.gov.uk/asp/2007/7/section/34/3/b), [43(3)](https://www.legislation.gov.uk/asp/2007/7/section/43/3) (with [ss. 40](https://www.legislation.gov.uk/asp/2007/7/section/40), [43(2)](https://www.legislation.gov.uk/asp/2007/7/section/43/2)); [S.S.I. 2007/269](https://www.legislation.gov.uk/ssi/2007/269), [art. 2](https://www.legislation.gov.uk/ssi/2007/269/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2007/269/schedule)
##### 6A
On any question being determined by the Land Court, whether or not by virtue of paragraph 6 of this Schedule, the Chairman shall have a casting vote.
##### 7A
The reference in paragraph 6(2) of this Schedule to nominated former members is to such members as have vacated office, whether or not under paragraph 2 of this Schedule, and in relation to the particular review have been nominated under this paragraph by the principal clerk.
SHOWING THE DERIVATION OF THE PROVISIONS OF THE ACT
2005-03-31
Scottish Land Court Act 1993
2004-11-29
Scottish Land Court Act 1993
2004-06-14
Scottish Land Court Act 1993
2003-11-27
Scottish Land Court Act 1993
1993-11-05
Scottish Land Court Act 1993
original version
Text at this date