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Scottish Statutory Instruments

2014 No. 24

Lands Tribunal

The Lands Tribunal for Scotland Amendment (Fees) Rules 2014

Made

23rd January 2014

Laid before the Scottish Parliament

27th January 2014

Coming into force

6th March 2014

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

Citation and commencement

1.  These Rules may be cited as the Lands Tribunal for Scotland Amendment (Fees) Rules 2014 and come into force on 6th March 2014.

Table of Fees

2.  At the end of the Table of Fees contained in Schedule 2 to the Lands Tribunal for Scotland Rules 1971(2) insert the fees set out in the table in the Schedule to these Rules.

R CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd January 2014

Rule 2

SCHEDULEFees

Item

Fee Payable

25. On an application under section 21, 44 or 69 of the Long Leases (Scotland) Act 2012(3)£150
26. On an application under section 78 of the Long Leases (Scotland) Act 2012 where a determination is not sought under any other provision£150
27. On a referral under section 55 or 77 of the Long Leases (Scotland) Act 2012£150
28. On hearing an application or referral under items 25 and 26 above£155 for each day on which the Tribunal sits
29. On the making of an order under section 21, 44, 55, 69 or 77 of the Long Leases (Scotland) Act 2012£88
30. On the making of a determination under section 78 of the Long Leases (Scotland) Act 2012 not made with an order under any other provision£88
31. For placing an advertisement in connection with applications under section 22 or 69 of the Long Leases (Scotland) Act 2012100 per cent of the cost of the advertisement in an appropriate newspaper (charge is restricted to the cost of one advertisement irrespective of the number of advertisements placed)
32. On a referral under section 82 of the Land Registration etc. (Scotland) Act 2012(4)£150
33. On an appeal under section 103 of the Land Registration etc. (Scotland) Act 2012£150
34. On hearing a referral or appeal under items 32 and 33 above£155 for each day on which the Tribunal sits
35. On the issue of a notice of determination under section 82 of the Land Registration etc. (Scotland) Act 2012£88
36. On the making of an order under section 103 of the Land Registration etc. (Scotland) Act 2012£88

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Lands Tribunal for Scotland Rules 1971 from 6th March 2014.

They add new fees in respect of applications, referrals and other procedure under the Long Leases (Scotland) Act 2012 and the Land Registration etc. (Scotland) Act 2012.

(1)

1949 c.42. Section 3 was relevantly 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)

S.I. 1971/218 as amended by S.I. 1996/519 which substituted a new table of fees in Schedule 2, S.S.I. 2003/521 which inserted an additional table of fees, S.S.I. 2004/480 and S.S.I. 2009/260.