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The Lands Tribunal for Scotland Rules 2003

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PART IIDETERMINATION OF QUESTIONS OF DISPUTED COMPENSATION

General

7.  Subject to the provisions of Part II of the Act of 1963 and of Part V of these Rules the procedure regulating the determination of questions of disputed compensation shall be as set out in this Part.

Method of making application

8.—(1) Proceedings for the determination of any question or dispute to which this Part applies may be instituted by any party who requires to have the question or dispute determined sending to the Tribunal an application in or as nearly as may be in accordance with Form 1 in Schedule 2 and the Tribunal shall send copies of such application to the other parties to the question or dispute and to any other persons whom it considers should receive a copy.

(2) There shall be sent with the application–

(a)if the compensation is payable on the compulsory acquisition of land, a copy of the notice to treat (if such notice has been served) and of any notice of claim and any amendment thereof delivered to the acquiring authority in pursuance of section 5 of the Act of 1963; or

(b)in any other case, a copy of the order, direction, notice, decision, authorisation or other document which is evidence of the proceedings giving rise to compensation.

(3) An application shall not be made before the expiry of 30 days from the date of service or constructive service of notice to treat or (where no notice to treat is served or is deemed to be served) of notice of claim.

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