Search Legislation

Scottish Land Court Act 1993

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scottish Land Court Act 1993. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Commencement Orders yet to be applied to the Scottish Land Court Act 1993

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

SCHEDULES

Section 1.

SCHEDULE 1S THE LAND COURT

IncorporationS

1The Land Court shall be a body corporate with a common seal which shall be judicially noticed; and any order or other instrument purporting to be so sealed shall be received as evidence without further proof.S

Tenure of office, remuneration and superannuationS

2Every member of the Land Court (other than the Chairman) shall vacate his office on attaining the age of 65 years.S

3There shall be paid to the Chairman of the Land Court and to each of the other members such salary as may be determined by the Treasury; and such salaries shall be charged on and paid out of the Consolidated Fund.S

4(1)The Chairman shall have the same right to a retiring annuity proportionate to his salary, subject to the like conditions and incidents as if he had been appointed a judge of the Court of Session; and every such annuity shall be charged on and paid out of the Consolidated Fund.S

(2)The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply to every member of the Land Court (other than the Chairman) in like manner as that scheme applies to persons employed in the civil service of the State.

Organisation of CourtS

5Subject to paragraph 6 of this Schedule, three members of the Land Court shall be a quorum.S

6(1)The Land Court may delegate such of its powers as it may think expedient to any one member or to any two members of the Court, with or without the assistance of one or more land valuers, assessors or other skilled persons, and may revoke, alter or modify any such delegation of powers.S

(2)Any order or determination arrived at under a delegation made in pursuance of this paragraph shall be subject to review upon appeal by three or more members of the Land Court (including, where such court of review consists of three members, not more than one member who was a party to such order or determination) sitting together, one of whom shall be the Chairman of the Land Court.

7The Secretary of State shall appoint a fit person to act as principal clerk of the Land Court.S

8The Land Court may appoint or employ such assessors, surveyors, solicitors, valuers, clerks, messengers and other persons required for the due performance of its duties, as the Treasury, on the recommendation of the Secretary of State, may sanction.S

Vacancies in membership and appointment of Deputy ChairmanS

9Subject to paragraph 10 of this Schedule, any vacancy occurring in the membership of the Land Court may be filled by the appointment of a person by Her Majesty, on the recommendation of the Secretary of State.S

10(1)The Secretary of State may appoint any person having the qualification required for holding the office of Chairman as a Deputy Chairman, who shall act in place of the Chairman for such periods as the Chairman may, with the consent of the Secretary of State, direct.S

(2)Where there is a vacancy in the office of Chairman, or where the Chairman is, for whatever reason, unable to act, the Deputy Chairman shall act at the direction of the Secretary of State.

(3)A Deputy Chairman appointed under sub-paragraph (1) above shall, while he is acting as Chairman, have the same powers and perform the duties as if he were the Chairman.

Removal of Land Court membersS

11(1)The Secretary of State may remove any member of the Land Court (other than the Chairman) for inability or misbehaviour.S

(2)Every order of removal in pursuance of this paragraph shall state the reasons for which it is made, and no such order shall come into operation—

(a)until it has lain before both Houses of Parliament for not less than thirty days while Parliament is sitting;

(b)if either House passes a resolution objecting to it.

ProcedureS

12The Land Court may—S

(a)subject to the approval of the Secretary of State, prescribe such forms of application and other forms of procedure as they think proper;

(b)make rules with reference to proceedings before it; and

(c)with the approval of the Treasury, fix a scale of fees to be charged in carrying this Act into execution, and the taxation of such fees, and the persons by whom, and the manner in which, such fees are to be paid.

13(1)The Land Court may ascertain the facts in any case by hearing parties and examining witnesses, or by means of affidavits, or by such other mode of inquiry as it deems appropriate.S

(2)The Land Court may require the production of all books, papers, plans and documents relating to the case and it may summon and examine on oath such witnesses as it thinks fit to call or allow to appear before it.

(3)The Land Court may, when sitting in open court, report in writing to the Lord Ordinary any person who has been guilty of contempt of court, and the Lord Ordinary may punish such person as if the contempt had been committed in his own court:

Provided that, when the Chairman is so sitting, he shall have the same power as the Lord Ordinary to punish for contempt of court.

(4)All orders and determinations of the Land Court shall be in writing.

14The Land Court may make rules for conducting the business of the Court.S

ExpensesS

15The Land Court may determine the amount of the expenses in any proceedings before it and the proportion to be borne by the different parties.S

EnforcementS

16An order or determination of the Land Court may be enforced as if it were a decree of the sheriff having jurisdiction in the area in which the order or determination is to be enforced.S

AccountsS

17The Land Court shall submit such estimates and keep such accounts of their receipts and expenditure, and their accounts shall be audited in accordance with such regulations, as the Treasury may direct.S

Other financial mattersS

18(1)There shall be paid to each of the persons appointed or employed under paragraph 7, 8 or 10 of this Schedule such salary or remuneration as the Treasury may sanction.S

(2)All salaries and remuneration payable, and the expenses of the Land Court in the execution of their duties, under this Act, to such amount as may be sanctioned by the Treasury, shall be paid out of money provided by Parliament.

Section 2

SCHEDULE 2S REPEALS

ChapterShort titleExtent of repeal
49 & 50 Vict. c. 29.The Crofters Holdings (Scotland) Act 1886In section 21, the last two paragraphs.
Sections 24 to 26.
Section 29.
1 & 2 Geo. 5. c. 49.The Small Landholders (Scotland) Act 1911Section 3.
Section 25.
1 & 2 Geo. 6. c. 31.The Scottish Land Court Act 1938The whole Act.
3 & 4 Eliz. 2. c. 21.The Crofters (Scotland) Act 1955Section 34.
9 & 10 Eliz. 2. c. 58.The Crofters (Scotland) Act 1961Section 4(3).
1976 c. 21.The Crofting Reform (Scotland) Act 1976Section 17(1).
1990 c. 40.The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990Section 35(4).
In Schedule 4, paragraph 12.
1991 c. 55.The Agricultural Holdings (Scotland) Act 1991Section 83.

S TABLE OF DERIVATIONS

SHOWING THE DERIVATION OF THE PROVISIONS OF THE ACT

NOTE: The following derivations are used in this Table—

1886– The Crofter Holdings (Scotland) Act 1886 (c.29)
1911– The Small Landholders (Scotland) Act 1911 (c.49)
1938– The Scottish Land Court Act 1938 (c.31)
1955– The Crofters (Scotland) Act 1955 (c.21)
1961– The Crofters (Scotland) Act 1961 (c.58)
1972– The Superannuation Act 1972 (c.11)
1976– The Crofting Reform (Scotland) Act 1976 (c.21)
1990– The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40)
1991– The Agricultural Holdings (Scotland) Act 1991 (c.55)
ProvisionsDerivations
11911 s.3(1) to (3), ss.25(2) and 32(14); 1955 s.34, 1961 s.4(3); 1990 Sch.4 para.12; 1991 s.83.
Sch.1 para.11911 s.25(1).
para.21938 s.1(1).
para.31911 s.3(9).
para.41911 s.3(9); 1938 s.1(2); 1972 s.29(1), Sch.6 para.18.
para.51911 s.25(5).
para.61911 s.25(5).
para.71911 s.3(6).
para.81911 s.3(7).
para.91911 s.3(1).
para.101911 s.3(5), (5A), (5B); 1990 Sch.4 para.12.
para.111911 s.3(4).
para.121886 s.29.
para.13(1) to (3)1911 s.25(3).
(4)1911 s.25(1).
para.141911 s.3(12).
para.151911 s.25(4).
para.161976 s.17(1).
para.171911 s.3(11).
para.181911 s.3(10).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources