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Crofting and Scottish Land Court Act 2026
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This version of this provision is prospective.
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There are currently no known outstanding effects for the Crofting and Scottish Land Court Act 2026, Section 24.
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Prospective
24Appointment, etc., of grazings committee or grazings constable: appeal to Land CourtS
(1)The 1993 Act is modified as follows.
(2)After section 47, insert—
“47AAppeals
(1)A relevant person may appeal to the Land Court against a decision of the Commission under section 47(8) to—
(a)remove either (or both)—
(i)any or all of the members of a grazings committee,
(ii)the grazings clerk (within the meaning given in section 47(6A)) of the committee, or
(b)appoint or provide for the appointment of other persons in their place.
(2)An appeal under subsection (1) must be made before the expiry of the period of 42 days beginning with the day on which the decision is made.
(3)An appeal under subsection (1) may be made only on one or more of the following grounds—
(a)that the Commission erred in law,
(b)that the Commission made a finding as to a fact material to the decision but did not have sufficient evidence on which to base that finding,
(c)that the Commission acted contrary to natural justice,
(d)that the Commission took into account certain irrelevant or immaterial considerations,
(e)that the Commission failed to take into account certain relevant or material considerations,
(f)that the Commission exercised their discretion in an unreasonable manner.
(4)In an appeal under this section, the Land Court may—
(a)confirm or revoke the decision,
(b)direct the Commission to make a different decision, or
(c)remit the case to the Commission without so directing them.
(5)The Commission must give effect to the decision of the Land Court on an appeal under this section.
(6)In this section, a “relevant person” means a person who—
(a)either (or both)—
(i)is a member of the grazing committee to which the decision of the Commission relates,
(ii)is the grazings clerk of that committee, or
(b)would have been a person mentioned in paragraph (a)(i) or (ii), but for the decision of the Commission.”.
Commencement Information
I1S. 24 not in force at Royal Assent, see s. 66(2)
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