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Land Reform (Scotland) Act 2016

Appeals and references

Section 69 – Appeals to sheriff

351.Section 69 sets out rights of appeal in connection with decisions of the Scottish Ministers on an application under section 54.

352.Subsections (1), (2), (5) and (6) provide that the owner of land, the tenant where the application relates to a tenant’s interest, a person who is a member of the community to which a Part 5 community body relates and a creditor in a standard security with a right to sell land to which an application relates may appeal against the Scottish Ministers’ decision to consent to an application made under section 54.

353.Subsection (3) allows the Part 5 community body to appeal against a decision by the Scottish Ministers to refuse an application. Where there is more than one Part 5 community body wishing to purchase the land, subsection (4) provides that Ministers’ decision on which community body’s application will proceed is final and cannot be appealed to the sheriff.

354.Subsection (7) specifies the timeframe within which an appeal may be made.

355.Subsection (8) specifies that the sheriff court with the jurisdiction to hear an appeal is the sheriffdom in which the land which is the subject of the application (or as the case may be, over which the tenancy has been created) is located.

356.Subsection (9) specifies who each appellant must inform when an appeal is made.

357.Subsection (10) provides that the sheriff’s decision may require rectification of the New Register, may impose conditions on the appellant, and is final.

Section 70 – Appeals to Lands Tribunal: valuation

358.Subsection (1) sets out the persons that may appeal the valuation under section 65 to the Lands Tribunal.

359.Subsection (2) identifies which persons may appeal a determination of allocation of tenant’s interest under section 66 to the Lands Tribunal.

360.Subsection (3) requires an appeal under section 70 to state the grounds of the appeal and that it be lodged within 21 days of valuation being notified under section 65(13).

361.Subsection (4) provides that the Lands Tribunal may reassess the valuation of the land or, as the case may be, tenant’s interest and may substitute its own determination for any determination under section 66.

362.Subsection (5) provides that the valuer may be a witness in the appeal proceedings.

363.Subsections (6) and (7) provide that the Lands Tribunal must give reasons for its decision on an appeal and issue a written statement of these reasons. They also specify the timescales within which the Lands Tribunal must issue the written statement of its reasons.

364.Subsection (8) provides that the validity of anything done under Part 5 is not affected by any failure of the Lands Tribunal to issue a written statement by the date required in subsection (6) or (7).

365.Subsection (9) requires the person making the appeal to notify Scottish Ministers within 7 days of the making of the appeal and also notify the date of the making of the appeal.

366.Subsection (10) requires the Lands Tribunal to send a copy of the written statement of reasons issued under subsection (6) to Scottish Ministers.

367.Subsection (11) provides that failure to comply with subsection (9) or (10) does not affect the right to buy or the validity of the appeal.

368.Subsection (12) provides that Ministers are not competent parties to any appeal by reason only that they appointed the valuer.

369.Subsection (13) provides that Ministers’ powers under the Lands Tribunal Act 1949 to make rules are extended so that Ministers can make any rules necessary or expedient in connection with Part 5.

Section 71 – Reference to Lands Tribunal of questions on applications

370.Section 71 sets out rights to refer questions relating to the Part 5 application to the Lands Tribunal.

371.Subsection (1) identifies the persons that can refer a question on application to the Lands Tribunal.

372.Subsection (2) identifies the persons whose representations the Lands Tribunal may consider in determining a reference.

373.Subsection (3) provides that the Lands Tribunal must inform Ministers of its findings on any of the questions referred to it and may, by order, provide for Ministers to consent to an application only if they impose certain conditions under section 59, as directed by the Lands Tribunal.

374.Subsection (4) provides that, if the Lands Tribunal finds that the question on the application is not relevant to the Ministers’ decision, the Lands Tribunal may decide not to consider the question further and find accordingly.

375.Subsection (5) provides that the person referring a question to the Lands Tribunal must notify the Scottish Ministers of the reference and the date of reference within seven days of referring it.

376.Subsection (6) provides that failure to comply with subsections (3)(a) or (5) has no effect on the validity of the application, the right to buy or the validity of the reference under this section.

Section 72 – Agreement as to matters appealed

377.Section 72 provides that parties to the Part 5 application are not prevented from settling or agreeing a matter which is subject to an appeal under sections 69 or 70 between or among them.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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