- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Lands Tribunal Act 1949. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
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.
(1)Subject to the provisions of this Act, the jurisdiction of the Lands Tribunal [F2for Scotland]F2 may be exercised by any one or more of its members, and references in this Act to the Lands Tribunal [F2for Scotland]F2 shall be construed accordingly.
(2)The member or members who is or are to deal with any case shall be selected as follows:—
(a)the President may select a member or members to deal with a particular case or class or group of cases; or
(b)the President may select for a class or group of cases members from amongst whom a member or members to deal with any particular case shall be selected, and the selection from amongst those members of a member or members to deal with a particular case shall then be made either by the President or, if he so directs, by one of those members appointed by the President to be their chairman.
This subsection shall apply to the selection of a member of the Lands Tribunal [F2for Scotland]F2 for the purposes of subsection (6) of section one of this Act as if the case were one to be dealt with by the Lands Tribunal [F2for Scotland]F2.
(3)Where a case is dealt with by two or more members of the Tribunal—
(a)if the President is one of them he shall preside at the hearing and, if he is not, one of them shall be nominated to preside at the hearing by the person selecting them to deal with the case;
(b)a decision shall be taken, in the event of a difference between the members dealing with the case, by the votes of the majority and, in the event of an equality of votes, the person presiding at the hearing shall be entitled to a second or casting vote.
(4)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Subject to the following provisions of this section, the Lands Tribunal [F2for Scotland]F2 may order that the costs of any proceedings before it incurred by any party shall be paid by any other party and may tax or settle the amount of any costs to be paid under any such order or direct in what manner they are to be taxed.
(6)Subject to the provisions of this Act, rules may be made for regulating proceedings before the Lands Tribunal [F2for Scotland]F2 and, subject to the approval of the Treasury, the fees chargeable in respect of those proceedings, and may in particular—
(i)as to the form in which any decision of the Tribunal is to be given, and as to the amendment of any such decision in pursuance of any directions which may be given by the court dealing with an appeal under this section;
(ii)as to the time within which any proceedings before the Tribunal are to be instituted;
(iii)as to the evidence which may be required or admitted in any such proceedings;
(b)provide for the Tribunal to [F4be assisted by] assessors when dealing with cases calling for special knowledge and, subject to the approval of the Treasury, for making payments to the assessors as part of the expenses of the Tribunal;
(i)requiring persons to attend to give evidence and produce documents;
(ii)authorising the administration of oaths to witnesses;
(iii)granting to any person such recovery of documents as might be granted by the Court of Sessions.]
[F6(6A)It is hereby declared that this section authorises the making of rules which allow the Tribunal to determine cases without an oral hearing.
(6B)The rules shall require that the determination without an oral hearing of any disputed claim for compensation which—
(a)is payable in respect of a compulsory acquisition of land, or
(b)depends directly or indirectly on the value of any land,
shall require the consent of the person making the claim.
(6C)Where the Tribunal [F7determines] a case without an oral hearing, subsection (3) of this section shall apply subject to such modifications as may be prescribed by the rules.]
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(8)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Subject to this Act, any rules made by the Reference Committee under the Acquisition of Land Act, or by the Reference Committee under the M1Finance (1909-10) Act 1910, which are in force immediately before the commencement of this Act shall, so far as they relate to matters with respect to which there is power to make rules under this section, have effect with any necessary modifications as if made in the exercise of that power; and any instrument prescribing the fees chargeable under either of the said Acts which is then in force shall also have effect as aforesaid.
Subject to this Act any reference to rules made by either of the said Committees or to any such instrument as aforesaid shall, unless the context otherwise requires, include a reference to the rules made or having effect under this section.
(10)Rules made under this section shall provide for preserving, so far as appears to the rule-making authority to be practicable, the effect of things done before the commencement of this Act in or for the purposes of the exercise of any jurisdiction transferred by this Act to the Lands Tribunal [F2for Scotland]F2, and those rules may exclude the operation of this Act, in whole or in part, in relation to any proceedings pending at the commencement of this Act.
(11)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)In relation to the Lands Tribunal for Scotland, the following provisions shall have effect:—
(a)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any person who without reasonable excuse fails to comply with any requirement imposed by rules under this section in accordance with paragraph (c) of subsection (6) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F9level 3 on the standard scale] or imprisonment for a term not exceeding three months or both;
(d)any [F10extract of an order] of the Tribunal may be recorded for execution in the Books of Council and Session and shall be enforceable accordingly;
(e)the rule-making authority for the purposes of this Act shall be [F11The Lord Advocate].
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Subordinate Legislation Made
Modifications etc. (not altering text)
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.
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: