The Lands Tribunal for Scotland Amendment Rules 2009

Scottish Statutory Instruments

2009 No. 259

Lands Tribunal

The Lands Tribunal for Scotland Amendment Rules 2009

Made

19th June 2009

Coming into force

1st July 2009

The Scottish Ministers make the following Rules, in exercise of the powers conferred by section 3(6) and (12)(e) of the Lands Tribunal Act 1949(1) and of all other powers enabling them to do so.

In accordance with section 44 of and paragraph 24 of Schedule 7 to, the Tribunals, Courts and Enforcement Act 2007(2), they have consulted with the Administrative Justice and Tribunals Council and that Council has consulted its Scottish Committee(3).

Citation and commencement

1.  These Rules may be cited as the Lands Tribunal for Scotland Amendment Rules 2009 and come into force on 1st July 2009.

Amendment of the Lands Tribunal for Scotland Rules 2003

2.  The Lands Tribunal for Scotland Rules 2003(4) are amended in accordance with rules 3 to 8 of these Rules.

Interpretation

3.  In rule 2 (interpretation) after the definition of “the Act of 2003” insert—

““the Development Management Scheme Order” means the Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009(5);”.

Applications for certificates referred to in article 9(4) of the Development Management Scheme Order

4.  After rule 5 (application for certificates) insert—

“Applications for certificates referred to in article 9(4) of the Development Management Scheme Order

5A.   When an application is made to the Tribunal for a certificate referred to in article 9(4) (intimation of variation under article 8) of the Development Management Scheme Order, there shall be sent with the application sufficient evidence to satisfy the Tribunal of the intimation of the notice of a proposal to register a deed of variation or discharge.”.

Method of making Application

5.  In rule 13 (method of making application) after “2003 (Notification of application)” insert, “or article 24 of the Development Management Scheme Order”.

Provision for other Parties

6.  In rule 21 (provision for other parties) after “representations)” insert “and, in respect of applications under article 22 (powers of the Lands Tribunal) or 23 (special provision as to variation or discharge of rules) of the Development Management Scheme Order, to article 26 (persons entitled to make representations) of that Order”.

Expenses

7.  In rule 28(1) (expenses) after “that Act.” insert—

“For the purposes of determining applications under article 22 (powers of the Lands Tribunal) or 23 (special provision as to variation or discharge of rules) of the Development Management Scheme Order, expenses shall be determined in accordance with article 29 of that Order.”.

Application Forms

8.—(1) In Schedule 1 (list of applications and application forms) at the end insert—

“The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009

Article 22(1)(a)	DMS 22(1)(a)
Article 22(1)(b)	DMS 22(1)(b)
Article 22(1)(c)	DMS 22(1)(c)”.

(2) In Schedule 2—

(a) in Form TC 90(1)(a) omit “or rule of a development management scheme” in the title and in each place in the form where those words occur; and

(b) at the end insert the forms set out in the Schedule to these Rules.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th June 2009

Rule 8(2)

SCHEDULE Application Forms

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 2003 (“the 2003 Rules”). The changes make provision in relation to applications to the Lands Tribunal for Scotland (“the Lands Tribunal”) for the variation, discharge or preservation of rules of a development management scheme made under the provisions of the Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 (“the 2009 Order”).

Rule 3 amends the interpretation provisions in rule 2 of the 2003 Rules.

Rule 4 inserts a new rule 5A which makes provision relating to the evidence to be provided to the Lands Tribunal when making an application for a certificate under article 9(4) of the 2009 Order.

Article 24 of the 2009 Order makes equivalent provision for applications under that Order as section 93 of the Title Conditions (Scotland) Act 2003 does for applications under sections 90 and 91 of that Act and rule 5 amends rule 13 of the 2003 Rules accordingly.

Rule 6 extends the application of rule 21 of the 2003 Order, which enables the Lands Tribunal to allow persons to become parties to proceedings before it, to proceedings arising from applications made under the 2009 Order.

Rule 7 amends rule 28 of the 2003 Rules to ensure that questions of expenses in relation to applications made under the 2009 Order are dealt with in accordance with article 29 of that Order.

(1)

1949 c.42. Section 3 was amended by section 50(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) and by S.I. 1972/2002. The functions of the Lord Advocate were transferred to the Secretary of State for Scotland by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678) and to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent was removed by section 55 of that Act.

(2)

2007 c.15.

(3)

Consultation was previously with the Council on Tribunals and its Scottish Committee under sections 8(1) and (3) of the Tribunals and Inquiries Act 1992 (c.53). Sections 8(1) and (3) of that Act are now repealed. Section 45(1) of the Tribunals, Courts and Enforcement Act 2007 abolishes the Council on Tribunals and its Scottish Committee, with section 44 of and Schedule 7 to that Act establishing the Administrative Justice and Tribunals Council and its Scottish Committee in their place.

(4)

S.S.I. 2003/452.

(5)

S.I. 2009/729.