1991 No. 658 (S. 68)

LANDS TRIBUNAL

The Lands Tribunal for Scotland (Amendment) (Fees) Rules 1991

Made

Coming into force

The Lord Advocate, in exercise of the powers conferred by section 3 of the Lands Tribunal Act 19491 and now vested in him2 and of all other powers enabling him in that behalf, and with the approval of the Treasury, hereby makes the following Rules:

1

These Rules may be cited as the Lands Tribunal for Scotland (Amendment) (Fees) Rules 1991 and shall come into force on 8th April 1991.

2

For the Table of Fees contained in Schedule 2 to the Lands Tribunal for Scotland Rules 19713, there shall be substituted the Table of Fees set out in the Schedule to these Rules.

3

The Lands Tribunal for Scotland (Amendment) (Fees) Rules 19904 are hereby revoked.

Fraser of CarmyllieLord AdvocateLord Advocate’s Chambers

We approve,

I. C. PatnickNicholas BakerTwo of the Lords Commissioners of Her Majesty’s Treasury

SCHEDULEFEES

Rule 2

Item

Fee payable

Fee formerly payable5

Applications etc.1

On an application under section 1 or 4 of the Conveyancing and Feudal Reform (Scotland) Act 19706

£55.00

£50.00

2

On an application under Part III of these Rules or where the Tribunal is acting under a reference by consent

£50.00

£40.00

3

On an appeal under section 1(3A)7 or (3BA)8 of the Lands Tribunal Act 1949

£50.00

—

4

On any other application (not being an appeal under Part IV or Part VA or a reference under Part V of these Rules)

£35.00

£30.00

Hearing Fees, etc.5

a

On the hearing of an application under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970

£110.00 for each day on which the Tribunal sits

£100.00

b

On the making of an order under:

i

section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970, or

£55.00

£50.00

ii

section 4 of that Act

£55.00

£50.00

6

On the hearing of an application under Part III of these Rules or in relation to any dispute relating to the assessment of betterment levy referred to the Tribunal under section 47 of the Land Commission Act 19679 or where the Tribunal is acting under a reference by consent—

a

Where the amount is determined in terms of a lump sum—

£40.00 in respect of every £1,000.00 or part of £1,000.00 of such lump sum but not less than £110.00 for each day on which the Tribunal sits and not exceeding in any case £4,000.00

£40.00 in respect of every £1,000.00 or part of £1,000.00 of such lump sum but not less than £100.000 for each day on which the Tribunal sits and not exceeding in any case £4,000.00

b

Where the amount is determined in terms of rent or other annual payment—

£40.00 in respect of every £50.00 or part of £50.00 of such rent or other annual payment but not less than £110.00 for each day on which the Tribunal sits and not exceeding in any case £4,000.00

£40.00 in respect of every £50. 00 or part of £50.00 of such rent or other annual payment but not less than £100.000 for each day on which the Tribunal sits and not exceeding in any case £4,000.00

c

Where there is a settlement as to amount, for each day on which the Tribunal sits

£110.00

£100.00

7

On the hearing of any other appeal or reference including the hearing of preliminary pleas-in-law or legal debates in which no fee is payable by reference to an amount determined

£110.00 for each day on which the Tribunal sits

£100.00 for each day on which the Tribunal sits

Miscellaneous fees8

On supplying and certifying a copy of an order or determination of the Tribunal (a charge for each sheet of the copy to be paid in addition under paragraph 9 below)

£6.00

£5.00

9

For each sheet of a copy of all or part of any document

£1.10

£1.10

10

On a case for the decision of the Court of Session or the Lands Valuation Appeal Court (in respect of references under Part VC of these Rules) - an application for appeal by way of stated case (to include drafting of case and any necessary copies)

£45.00

£40.00

11

On the placing of an advertisement under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (Note advertisements are invariably required in applications involving (a) missing superiors, (b) alcohol and (c) major developments which may have widespread implications).

100 per cent of the cost of the advertisement in an appropriate newspaper (charge is restricted to the cost of one advertisement irrespective of the number of advertisements placed)

100 per cent of the cost of the advertisement in an appropriate newspaper (charge is restricted to the cost of one advertisement irrespective of the number of advertisements placed)

12

On an application for the cancellation of a hearing.

£50.00

£20.00

13

On an application during the course of proceedings which is not specifically referred to in the above table of fees (eg. an application for (i) an extension to the period in which answers or adjustments are required to be lodged, or (ii) the continuation or sisting of an application).

£25.00

£20.00

(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 1971 for the purpose of increasing the fees payable to the Tribunal. They also introduce a new fee at paragraph 3 of the Table and provide at paragraph 12 of the Table a separate fee payable for the cancellation of a hearing (previously payable under what is now paragraph 13).