62Reviews of the operation and jurisdiction of the Court(1)

The Scottish Ministers must—

(a)

as soon as practicable after the post-commencement period (or each of them), review the operation of this Part as respects the provisions listed or matters and appeals described in subsection (3),

(b)

as soon as practicable after the period of 3 years beginning with the date this section comes into force, assess whether any areas of environmental law may, having regard to the nature and range of matters and appeals within the Court’s existing competence and jurisdiction, be suitable for adding to the competence and jurisdiction of the Court.

(2)

The Scottish Ministers must, before carrying out a review under subsection (1)(a), consult the Lord President of the Court of Session as to the appropriate terms for such a review.

(3)

For the purposes of subsection (1)(a), the provisions are—

(a)

paragraph 16 of schedule 1 (access rights),

(b)

paragraphs 18 to 20 of schedule 1 (arbitration and compensation),

(c)

paragraphs 21 and 22 of schedule 1 (community rights to buy: appeals),

(d)

paragraphs 23 of schedule 1 (crofting and crofting community right to buy),

(e)

paragraph 24 of schedule 1 (march dykes, runrig and commonties),

(f)

paragraph 25 of schedule 1 (small landholdings),

(g)

paragraph 26 of schedule 1 (succession to certain leases),

(h)

any other matter or appeal which is added to the competence or jurisdiction of the Court after the coming into force of this section but before the expiry of the period referred to in subsection (1)(b).

(4)

A review under subsection (1)(a) must, in particular, consider—

(a)

whether it is desirable to make provision under section 59 or paragraph 15(2) of schedule 1 to improve the operation of the Court or method of appeal in respect of the provision or matter or appeal under review,

(b)

if any changes to the eligibility criteria for members of the Court (other than the Chair) are desirable as a result of the competence and jurisdiction of the Court having expanded, and

(c)

such other matters as the Scottish Ministers consider relevant.

(5)

In carrying out a review or an assessment under this section, the Scottish Ministers must consult—

(a)

the Lord President of the Court of Session,

(b)

the Chair,

(c)

the Scottish Courts and Tribunals Service,

(d)

the Scottish Civil Justice Council,

(e)

such persons as they consider represent the interests of persons who use the Court, and

(f)

such other persons as they consider appropriate.

(6)

As soon as reasonably practicable after completing a review or an assessment under this section, the Scottish Ministers must—

(a)

prepare a report on the review or assessment,

(b)

lay a copy of the report before the Scottish Parliament, and

(c)

publish the report in such manner as they consider appropriate.

(7)

A report prepared under subsection (6)(a) must include—

(a)

in relation to a review, information on the type and number of cases brought within the relevant period, and

(b)

in every case, a statement by the Scottish Ministers setting out—

(i)

whether they intend to bring forward proposals to modify this Part (including schedule 1),

(ii)

where no such proposals are being brought forward, their reasons for not doing so.

(8)

In this section, “the post-commencement period” means the period of 3 years beginning with the date on which a provision listed or matter described in subsection (3) comes into force.

(9)

Where more than one provision listed or matter described in subsection (3) comes into force on the same day, the Scottish Ministers may review and report on them at the same time and in the same report.