Land Reform (Scotland) Act 2016

Land Reform (Scotland) Act 2016

2016 asp 18

Commentary on Sections

Part 5 – Right to Buy Land to Further Sustainable Development

Appeals and references

Section 70 – Appeals to Lands Tribunal: valuation

358. Subsection (1) sets out the persons that may appeal the valuation under section 65 to the Lands Tribunal.

359. Subsection (2) identifies which persons may appeal a determination of allocation of tenant’s interest under section 66 to the Lands Tribunal.

360. Subsection (3) requires an appeal under section 70 to state the grounds of the appeal and that it be lodged within 21 days of valuation being notified under section 65(13).

361. Subsection (4) provides that the Lands Tribunal may reassess the valuation of the land or, as the case may be, tenant’s interest and may substitute its own determination for any determination under section 66.

362. Subsection (5) provides that the valuer may be a witness in the appeal proceedings.

363. Subsections (6) and (7) provide that the Lands Tribunal must give reasons for its decision on an appeal and issue a written statement of these reasons. They also specify the timescales within which the Lands Tribunal must issue the written statement of its reasons.

364. Subsection (8) provides that the validity of anything done under Part 5 is not affected by any failure of the Lands Tribunal to issue a written statement by the date required in subsection (6) or (7).

365. Subsection (9) requires the person making the appeal to notify Scottish Ministers within 7 days of the making of the appeal and also notify the date of the making of the appeal.

366. Subsection (10) requires the Lands Tribunal to send a copy of the written statement of reasons issued under subsection (6) to Scottish Ministers.

367. Subsection (11) provides that failure to comply with subsection (9) or (10) does not affect the right to buy or the validity of the appeal.

368. Subsection (12) provides that Ministers are not competent parties to any appeal by reason only that they appointed the valuer.

369. Subsection (13) provides that Ministers’ powers under the Lands Tribunal Act 1949 to make rules are extended so that Ministers can make any rules necessary or expedient in connection with Part 5.