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Agricultural Holdings (Scotland) Act 2003

Section 82:  Amendment of the Scottish Land Court Act 1993

270.This section amends the Scottish Land Court Act 1993. The general jurisdiction of the Court is set out in section 1(6) of that Act and includes jurisdiction over matters arising under the 1991 or 2003 Acts. Paragraph (a) repeals the reference to the Court's jurisdiction over 1991 Act matters in section 1(6) of the 1993 Act. The Court's extended jurisdiction set out in section 60 of the 1991 Act now applies in its place - see section 75 of the 2003 Act.

271.Paragraph (b) inserts a new section 1(7A) in the 1993 Act which disapplies the existing procedure for appeals from the Land Court to the Inner House of the Court of Session by way of special case in relation to the Court's jurisdiction over matters under the 1991 Act. (Section 88 of the 2003 Act makes separate provision for a right of appeal against determinations by the Land Court, save where the Land Court is acting as a court of appeal.)

272.Paragraph (c) amends the requirement for a review by the full Court of a matter determined by a single member or two members of the Court under the Land Court’s power of delegation in paragraph 6(2) of Schedule 1 to the 1993 Act. A new sub-paragraph 6(3) is added to the Schedule, which permits the Court to direct that there will be no such review in matters relating to its jurisdiction under the 1991 and 2003 Acts.

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