The Rural Payments (Appeals) (Scotland) Regulations 2015

Procedure in the Land Court

This section has no associated Policy Notes

9.—(1) Without prejudice to the power of the Land Court to determine its own procedure, the court may—

(a)where a written report has not been sent in accordance with regulation 7(4), require the Scottish Ministers to submit a written report;

(b)grant leave to the Scottish Ministers to amend the written report;

(c)relieve the appellant of any of the obligations set out in regulation 8(6); or

(d)require such additional information or submissions to be submitted by the parties to the appeal as it thinks fit.

(2) In determining an appeal, the Land Court may—

(a)confirm the decision of the Scottish Ministers;

(b)amend or alter that decision in any respect which it considers appropriate;

(c)substitute for that decision any decision which it considers appropriate; or

(d)refer the matter back to the Scottish Ministers to decide the matter of new,

and any such determination of the Land Court is binding upon the Scottish Ministers and the appellant.

(3) Where an appeal is made under regulation 8(3), paragraph (2) shall apply in relation to the relevant decision as it applies in relation to a decision under regulation 7(1).

(4) Any party to a matter determined by the Land Court by virtue of these Regulations may appeal to the Court of Session against the determination on a question of law.