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Scottish Statutory Instruments

2015 No. 199

Lands Tribunal

The Lands Tribunal for Scotland Amendment (Fees) Rules 2015

Made

19th May 2015

Laid before the Scottish Parliament

21st May 2015

Coming into force

30th June 2015

The Scottish Ministers make the following Rules in exercise of the powers conferred by section 3(6) and (12)(e) of the Lands Tribunal Act 1949(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Rules may be cited as the Lands Tribunal for Scotland Amendment (Fees) Rules 2015 and come into force on 30th June 2015.

Table of Fees

2.  In the Table of Fees contained in Schedule 2 to the Lands Tribunal for Scotland Rules 1971(2) after item 31 insert—

31A. On an application under section 67(2), 69(1), 70(1) or 71(1) of the Land Registration etc. (Scotland) Act 2012£45

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th May 2015

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 1971 from 30th June 2015.

They add new fees in respect of applications for warrant to place, renew, restrict and recall caveats under the Land Registration etc. (Scotland) Act 2012 (asp 5). The specific fees replace payment of the Tribunal’s default fee of £52 for other documents.

A business regulatory impact assessment has not been provided for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1949 c.42. Section 3 was relevantly amended by section 50(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) and by S.I. 1972/2002. The functions of the Lord Advocate were transferred to the Secretary of State for Scotland by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678) and to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent was removed by section 55 of that Act.

(2)

S.I. 1971/218, as amended by S.I. 1996/519 which substituted a new table of fees in Schedule 2, S.S.I. 2003/521 which inserted an additional table of fees, S.S.I. 2004/480, S.S.I. 2009/260 and S.S.I. 2014/24.