The Rules of the Scottish Land Court Order 2014

Inadequate or defective applications

7.—(1) If the Principal Clerk is not satisfied that an application gives full specification of all matters specified in rules 3 and 4 she may—

(a) accept the application;

(b) accept the application under reservation; or

(c) place it before the court.

(2) Where an application is placed before the court, the court may determine that it be accepted or accepted under reservation, or, after hearing the applicant, may determine that it be rejected.

(3) Where an application is accepted under reservation—

(a) it is to be intimated to the named respondents;

(b) they and the applicant are to be advised that it will be sisted until the applicant provides information sufficient to satisfy the Principal Clerk that the application can be accepted without reservation; and

(c) any respondent may move to have the sist recalled.

(4) Without prejudice to any statutory provision, an application accepted under reservation is to be taken as having been received on the date on which it was first lodged with the Principal Clerk.

(5) Where an application is rejected following procedure under paragraph (2), it is to be taken to have been accepted for the purposes of any appeal from the determination that it be rejected.