The Lands Tribunal for Scotland Amendment (Fees) Rules 2020

Scottish Statutory Instruments

2020 No. 22

Lands Tribunal

The Lands Tribunal for Scotland Amendment (Fees) Rules 2020

Made

5th February 2020

Laid before the Scottish Parliament

7th February 2020

Coming into force

26th April 2020

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 2020, and come into force on 26 April 2020.

Amendment of Table of Fees

2.—(1) The Table of Fees contained in schedule 2 of the Lands Tribunal for Scotland Rules 1971(2) is amended in accordance with paragraphs (2) and (3).

(2) At item 6, in the “Fee payable” column, for “£52” substitute “£150”.

(3) After item 40, insert the items and corresponding fees set out in the table in the schedule to these Rules.

ROSEANNA CUNNINGHAM

A member of the Scottish Government

St Andrew’s House,

Edinburgh

5th February 2020

Rule 2

SCHEDULE Fees

Item	Fee payable
41. On an appeal under regulation 16(1) of the Community Right to Buy (Abandoned, Neglected or Detrimental Land) (Applications, Ballots and Miscellaneous Provisions) (Scotland) Regulations 2018 (appeal against Ministers’ decision under regulation 15)(3).	£150
42. On an appeal under regulation 18(1) of the Right to Buy Land to Further Sustainable Development (Applications, Written Requests, Ballots and Compensation) (Scotland) Regulations 2020 (appeal against the Scottish Ministers’ decision under regulation 17)(4).	£150

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 1971 (“the 1971 Rules”) and come into force on 26 April 2020.

Rule 2(2) raises the fee for applications to the Lands Tribunal for Scotland (“the Lands Tribunal”) described in item 6 of schedule 2 of the 1971 Rules, from £52 to £150. That fee relates to an application made to the Lands Tribunal (not being an appeal under Part IV or Part VA, or a reference under Part V, of the 1971 Rules) which is not separately listed in the schedule.

Rule 2(3) adds two new fees of £150 into schedule 2 of the 1971 Rules by inserting entries 41 and 42. The fee specified in item 41 is for making an appeal to the Lands Tribunal under regulation 16(1) of the Community Right to Buy (Abandoned, Neglected or Detrimental Land) (Applications, Ballots and Miscellaneous Provisions) (Scotland) Regulations 2018. The fee specified in item 42 is for making an appeal to the Lands Tribunal under regulation 18(1) of the Right to Buy Land to Further Sustainable Development (Applications, Written Requests, Ballots and Compensation) (Scotland) Regulations 2020.

A Business and 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), S.I. 1972/2002 and S.I. 2009/1307. The functions of the Lord Advocate were transferred to the Secretary of State for Scotland by S.I. 1999/678 and to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) (“the 1998 Act”). The requirement to obtain Treasury consent was removed by section 55 of the 1998 Act.

(2)

S.I. 1971/218. Schedule 2 was amended by S.I. 1996/519 which substituted a new table of fees, S.S.I. 2003/521 which inserted an additional table of fees, S.S.I. 2004/480, S.S.I. 2009/260, S.S.I. 2014/24, S.S.I. 2015/199 and S.S.I. 2017/426.

(3)

S.S.I. 2018/140.

(4)

S.S.I. 2020/21.