The Lands Tribunal (Amendment) Rules 1998

Statutory Instruments

1998 No. 22

LANDS TRIBUNAL

The Lands Tribunal (Amendment) Rules 1998

Made

8th January 1998

Coming into force

1st February 1998

The Lord Chancellor, in exercise of the powers conferred by on him by section 3 of the Lands Tribunal Act 1949(1), after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 1992(2), hereby make the following Rules—

1.  These Rules may be cited as the Lands Tribunal (Amendment) Rules 1998 and shall come into force on 1st Feburary 1998.

2.  The Lands Tribunal Rules 1996(3) (‘the 1996 Rules’) shall be amended in accordance with the following provisions of these Rules.

3.  After rule 29 of the 1996 Rules insert a new rule as follows—

“Assessors

29A— (1) If it appears to the President that any case coming before the Tribunal calls for special knowledge he may direct that the Tribunal shall hear the case with the aid of one or more assessors appointed by him.

(2) The remuneration to be paid to an assessor appointed under this rule shall be determined by the President with the approval of the Treasury.”

4.  After paragraph (c) of rule 32 of the 1996 Rules insert the following—

“(d) section 66 (enforcement of the award).”.

5.  These Rules shall apply to proceedings commenced before the date on which they come into force as well as to proceedings commenced on or after that date.

Signed on behalf of the Lord Chancellor

G. W. Hoon

Parliamentary Secretary

Lord Chancellor’s Department

8th January 1998

Explanatory Note

(This note is not part of the Rules)

Rule 32 of the Lands Tribunal Rules 1996 applies certain provisions of the Arbitration Act 1996 to proceedings before the Tribunal. These rules amend the 1996 Rules in order to provide that section 66 of the Arbitration Act 1996 should apply to such proceedings. Section 66 deals with the enforcement of arbitration awards.

These rules also amend the 1996 Rules in order to allow the President to appoint assessors to hear a case with the Tribunal.

(1)

1949 c. 42; section 3 was amended by the Land Compensation Act 1961 (c. 33), Schedule 5; by the Local Government, Planning and Land Act 1980 (c. 65), Schedule 33, paragraph 3, by the Tribunals and Inquiries Act 1992 (c. 53), section 18 and by the Arbitration Act 1996 (c. 23), Schedule 3. Schedule 5 of the Land Compensation Act 1961 was repealed by Part XI of the Schedule to the Statute Law (Repeals) Act 1974 (c. 22).

(2)

1992 c. 53.

(3)

S.I. 1996/1022, amended by S.I. 1997/1965.