Chwilio Deddfwriaeth

Land Reform (Scotland) Act 2003

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

Changes over time for: Chapter 6

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Land Reform (Scotland) Act 2003, Chapter 6. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Chapter 6SAppeals

61AppealsS

(1)An owner of land may, by summary application, appeal to the sheriff against—

(a)a decision by Ministers that a community interest in the land is to be entered in the Register; or

(b)a decision by Ministers to give consent to the exercise by a community body of its right to buy the land.

(2)A community body may, by summary application, appeal to the sheriff against—

(a)a decision by Ministers that its community interest is not to be entered in the Register; or

(b)a decision by Ministers not to give consent to the exercise by the community body of its right to buy.

(3)A person who is a member of a community F1... F2... may, by summary application, appeal to the sheriff against—

(a)a decision by Ministers that a community interest in land is to be entered in the Register on the application of the community body; or

(b)a decision by Ministers to consent to the exercise of the community body’s right to buy land.

[F3(3A)A creditor in a standard security with a right to sell land may appeal to the sheriff against—

(a)a decision by Ministers that a community interest in the land is to be entered in the Register, or

(b)a decision by Ministers to give consent to the exercise by a community body of its right to buy the land.]

(4)An appeal under subsection (1), (2) [F4, (3) or (3A)] above shall be lodged within 28 days of the date on which Ministers decided whether to enter the community interest or, as the case may be, whether to consent to the exercise of the right to buy land.

(5)The sheriff in whose sheriffdom the land or any part of it is situated has jurisdiction to hear an appeal under this section.

(6)Where an appeal is made—

(a)under subsection (1) above the owner shall intimate that fact to—

(i)the community body; F5...

(ii)Ministers; [F6and

(iii)any creditor in a standard security with a right to sell the land to which the appeal relates;]

(b)under subsection (2) above the community body shall intimate that fact to—

(i)the owner; F7...

(ii)Ministers; [F8and

(iii)any creditor in a standard security with a right to sell the land to which the appeal relates;]

(c)under subsection (3) above the member of the community shall intimate that fact to—

(i)the community body;

(ii)the owner; F9...

(iii)Ministers [F10and

(iv)any creditor in a standard security with a right to sell the land to which the appeal relates;] [F11or

(d)under subsection (3A) above, the creditor must intimate that fact to—

(i)the community body,

(ii)the owner, and

(iii)Ministers.]

(7)The decision of the sheriff in an appeal under this section—

(a)may require rectification of the Register;

(b)may impose conditions upon the appellant;

(c)is final.

[F12(8)In this section, references to the community are, as respects a community body, references to—

(a)the community defined in relation to that body under section 34(1)(a), (1A)(a) or (1B)(a); or

(b)where that body is a body mentioned in section 34(A1)(b), the community to which that body relates.

(9)In subsection (3), the references to the community body are to the community body—

(a)in relation to which the community is defined as mentioned in subsection (8)(a); or

(b)that relates to the community as mentioned in subsection (8)(b).]

Textual Amendments

F2 Words in s. 61(3) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , s. 142(1) , Sch. 5 ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F4 Words in s. 61(4) substituted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 58(b) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F5 Word in s. 61(6)(a) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 58(c)(i) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F6 S. 61(6)(a)(iii) and word inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 58(c)(ii) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F7 Word in s. 61(6)(b) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 58(c)(iii) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F8 S. 61(6)(b)(iii) and word substituted for word (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 58(c)(iv) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F9 Word in s. 61(6)(c) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 58(c)(v) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F10 S. 61(6)(c)(iv) and word inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 58(c)(vi) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F11 S. 61(6)(d) and word inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 58(c)(vii) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

62Appeals to Lands Tribunal: valuationS

(1)The owner of the land and the community body which is exercising its right to buy the land may appeal to the Lands Tribunal against the valuation carried out under section 59 above.

(2)An appeal under this section shall state the grounds on which it is being made and shall be lodged within 21 days of the date of notification under section 60 above.

(3)In an appeal under this section, the Lands Tribunal may reassess the value of—

(a)the land;

(b)any moveable property used in connection with, and being sold with, the land; or

(c)both the land and any such moveable property.

(4)The valuer whose valuation is appealed against may be a witness in the appeal proceedings.

F13(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The Lands Tribunal shall give reasons for its decision on an appeal under this section and issue a written statement of those reasons F14...[F15-

(a)within 8 weeks of hearing the appeal, or

(b)where subsection (7A) applies, by such later date referred to in paragraph (b)(ii) of that subsection.]

[F16(7A)This section applies where—

(a)the Lands Tribunal considers that it is not reasonable to issue a written statement mentioned in subsection (7) by the time limit specified in paragraph (a) of that subsection, and

(b)before the expiry of that time limit, the Lands Tribunal has notified the parties to the appeal—

(i)that the Tribunal is unable to issue a written statement by that time limit, and

(ii)of the date by which the Tribunal will issue such a written statement.]

(8)The validity of anything done under this Part of this Act is not affected by any failure of the Lands Tribunal [F17

(a)to comply with the time limit specified in paragraph (a) of subsection (7) above, or

(b)to issue a written statement by the date referred to in paragraph (b) of that subsection.]

[F18(8A)Where the owner of the land or the community body appeals under this section, the owner or, as the case may be, the community body must, within 7 days of the date on which the appeal is made, notify Ministers in writing of—

(a)the making of the appeal, and

(b)the date of the making of the appeal.

(8B)The Lands Tribunal must send a copy of the written statement of reasons issued under subsection (7) to Ministers.

(8C)Failure to comply with subsection (8A) or (8B) has no effect on—

(a)the community body's right to buy the land, or

(b)the validity of the appeal.]

(9)Ministers are not competent parties to any appeal under this section by reason only that they appointed the valuer whose valuation is the subject of the appeal.

(10)Ministers' powers under the Lands Tribunal Act 1949 (c. 42) to make rules as respects that Tribunal extend to such rules as may be necessary or expedient to give full effect to this section.

Textual Amendments

F14 Words in s. 62(7) repealed (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , s. 142(1) , Sch. 5 ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F15 S. 62(7)(a) (b) inserted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 59(2) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

F17 S. 62(8)(a) (b) substituted (15.4.2016) by Community Empowerment (Scotland) Act 2015 (asp 6) , ss. 59(4) , 142(1) ; S.S.I. 2015/399 , art. 2 , Sch. (with art. 3 )

63CompensationS

(1)Any person (other than a community body) who has incurred loss or expense—

(a)in complying with the procedural requirements of this Part of this Act;

(b)as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57 above;

(c)attributable to a prohibition imposed under subsection (5)(e) of section 37 above; or

(d)as a result of the operation of paragraph (a) or (b) of section 56(3) above,

is entitled to compensation from Ministers of such amount as they may determine.

(2)The reference in subsection (1)(d) above to loss or expense incurred as a result of the operation of paragraph (a) or (b) of section 56(3) above is a reference to loss or expense incurred which would be likely not to have been incurred in a sale of the land to a person who, not being a community body, would not have had the benefit of the provision of those paragraphs.

(3)Where the community body and the owner of the land agree, under paragraph (c) of section 56(3) above, that the date of entry and payment of price shall be on a date after the last date on which that date could, by the operation of paragraphs (a) or (b) of that section, otherwise have been, no compensation shall be payable for any loss or expense attributable to any period occurring after that last date.

(4)A person who has incurred loss or expense as a result of the suspension under this Act of a right of pre emption, redemption or reversion enjoyed by that person is entitled to compensation.

(5)The procedure for recovering losses and expenses under this section shall be as prescribed.

64Compensation appealsS

(1)An appeal may be made to the Lands Tribunal against the decision of Ministers on compensation under section 63 above.

(2)The Lands Tribunal may, on such an appeal, substitute its decision for that of Ministers.

(3)Such an appeal shall be lodged within 21 days of the decision appealed against.

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill