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Crofting Reform etc. Act 2007

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This is the original version (as it was originally enacted).

34Further amendments in relation to the Land Court

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(1)Schedule 1 to the Scottish Land Court Act 1993 (c. 45) (incorporation etc. of the Scottish Land Court) is amended as follows.

(2)In paragraph 5 (quorum), for the words “three members of the Land Court shall be a quorum” there is substituted “a quorum of the Land Court shall be—

(a)three of its members if none of the three is the Chairman; or

(b)the Chairman and one other of its members”.

(3)In paragraph 6 (delegation)—

(a)in sub-paragraph (2), for the words from “shall” to the end there is substituted “, other than a delegation to one member where that member is the Chairman, shall be subject to review upon appeal by three or more members, or nominated former members, of the Land Court sitting together; and one of the members so sitting shall be the Chairman.”; and

(b)sub-paragraph (3) is repealed.

(4)After paragraph 6 there is inserted—

“6AOn any question being determined by the Land Court, whether or not by virtue of paragraph 6 of this Schedule, the Chairman shall have a casting vote.”.

(5)After paragraph 7 there is inserted—

“7AThe reference in paragraph 6(2) of this Schedule to nominated former members is to such members as have vacated office, whether or not under paragraph 2 of this Schedule, and in relation to the particular review have been nominated under this paragraph by the principal clerk.”.

(6)In paragraph 10, in sub-paragraph (1)—

(a)the existing words from “shall” to the end become head (a) of the sub-paragraph; and

(b)after that head there is added “; and

(b)may, when not acting in accordance with a direction under head (a) above or under sub-paragraph (2) below, act in place of a member of the Court other than the Chairman.”.

(7)In paragraph 12—

(a)after the word “may” there is inserted “, by order made by statutory instrument”, and

(b)in paragraph (a), for the words “they think” there is substituted “it thinks”.

(8)In paragraph 18 (payments to persons appointed etc.), for the words “or employed under paragraph 7” there is substituted “, employed or as the case may be nominated under paragraph 7, 7A”.

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