The Lands Tribunal for Scotland (Amendment) (Fees) Rules 1991

Made: 11th March 1991

Coming into force: 8th April 1991

The Lord Advocate, in exercise of the powers conferred by section 3 of the Lands Tribunal Act 1949[^f00001] and now vested in him[^f00002] and of all other powers enabling him in that behalf, and with the approval of the Treasury, hereby makes the following Rules:

1

These Rules may be cited as the Lands Tribunal for Scotland (Amendment) (Fees) Rules 1991 and shall come into force on 8th April 1991.

2

For the Table of Fees contained in Schedule 2 to the Lands Tribunal for Scotland Rules 1971[^f00003], there shall be substituted the Table of Fees set out in the Schedule to these Rules.

3

The Lands Tribunal for Scotland (Amendment) (Fees) Rules 1990[^f00004] are hereby revoked.

SCHEDULE — FEES

Applications etc.

1

On an application under section 1 or 4 of the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00006]

2

On an application under Part III of these Rules or where the Tribunal is acting under a reference by consent

3

On an appeal under section 1(3A)[^f00007] or (3BA)[^f00008] of the Lands Tribunal Act 1949

4

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

Hearing Fees, etc.

5

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

6

On the hearing of an application under Part III of these Rules or in relation to any dispute relating to the assessment of betterment levy referred to the Tribunal under section 47 of the Land Commission Act 1967[^f00009] or where the Tribunal is acting under a reference by consent—

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

7

On the hearing of any other 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

Miscellaneous fees

8

On supplying and certifying a copy of an order or determination of the Tribunal (a charge for each sheet of the copy to be paid in addition under paragraph 9 below)

9

For each sheet of a copy of all or part of any document

10

On a case for the decision of the Court of Session or the Lands Valuation Appeal Court (in respect of references under Part VC of these Rules) - an application for appeal by way of stated case (to include drafting of case and any necessary copies)

11

On the placing of an advertisement under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (Note advertisements are invariably required in applications involving (a) missing superiors, (b) alcohol and (c) major developments which may have widespread implications).

12

On an application for the cancellation of a hearing.

13

On an application during the course of proceedings which is not specifically referred to in the above table of fees (eg. an application for (i) an extension to the period in which answers or adjustments are required to be lodged, or (ii) the continuation or sisting of an application).

Signed

Fraser of Carmyllie — Lord Advocate — 7th March 1991

We approve,

I. C. Patnick — Nicholas Baker — Two of the Lords Commissioners of Her Majesty’s Treasury — 11th March 1991

Explanatory note

(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 1971 for the purpose of increasing the fees payable to the Tribunal. They also introduce a new fee at paragraph 3 of the Table and provide at paragraph 12 of the Table a separate fee payable for the cancellation of a hearing (previously payable under what is now paragraph 13).

Footnotes

[^f00001]: 1949 c. 42; section 3 was amended by the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), section 50(2) and by S.I. 1972/2002.

[^f00002]: S.I. 1972/2002.

[^f00003]: S.I. 1971/218; relevant amending instrument is S.I. 1990/477.

[^f00004]: S.1. 1990/477.

[^f00005]: This column shows the fees which were payable under S.I. 1971/218 as amended by S.I. 1990/477 before the coming into force of the Lands Tribunal for Scotland (Amendment) (Fees) Rules 1991 (S.I. 1991/658) on 8th April 1991.

[^f00006]: 1970 c. 35.

[^f00007]: Section 1(3A) was inserted by the Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31), section 12(1).

[^f00008]: Section 1(3BA) was inserted by the Local Government and Housing Act 1989 (c. 42), Schedule 6, paragraph 1.

[^f00009]: 1967 c. 1.