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Agricultural Holdings (Scotland) Act 2003
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Agricultural Holdings (Scotland) Act 2003, Section 85 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 85:
- s. 7C inserted by 2016 asp 18 s. 93(2)
- s. 7D inserted by 2016 asp 18 s. 106(2)
- s. 8F 8G inserted by 2016 asp 18 s. 94(2)
- s. 16B inserted by 2016 asp 18 s. 95(2)
- s. 17A inserted by 2016 asp 18 s. 96(2)
- s. 18B inserted by 2016 asp 18 s. 97(2)
- s. 26(1)(1A) substituted for s. 26(1) by 2016 asp 18 s. 99(4)(a)
- s. 26(3) inserted by 2016 asp 18 s. 99(4)(c)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7C inserted by 2016 asp 18 s. 93(2)
- s. 7D inserted by 2016 asp 18 s. 106(2)
- s. 8F 8G inserted by 2016 asp 18 s. 94(2)
- s. 16B inserted by 2016 asp 18 s. 95(2)
- s. 17A inserted by 2016 asp 18 s. 96(2)
- s. 18B inserted by 2016 asp 18 s. 97(2)
- s. 26(1)(1A) substituted for s. 26(1) by 2016 asp 18 s. 99(4)(a)
- s. 26(3) inserted by 2016 asp 18 s. 99(4)(c)
85Remit from Land Court to sheriff or Court of SessionS
This section has no associated Explanatory Notes
(1)Where—
(a)a matter is before the Land Court for determination by virtue of the 1991 Act or this Act; and
(b)an action in respect of the matter could competently have been brought before a sheriff or in the Court of Session,
the Land Court may (at its own instance or following a request under subsection (2)(a) below) remit the case to the sheriff within whose jurisdiction the action could have been brought, or to the Court of Session, if it considers that to be appropriate.
(2)Any person with an interest in a matter that is before the Land Court for determination under this Act may make an application—
(a)to the Land Court requesting that it remit the matter to the Court of Session under subsection (1) above; or
(b)to the Court of Session craving it to require the Land Court so to remit the matter.
(3)Where an application is made under subsection (2)(b) above, the Court of Session may require the Land Court to remit the matter to it if it considers that it would be appropriate for it to determine the matter.
Commencement Information
I1S. 85 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(g) (with Sch.)
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