Scottish Land Court Act 1993

1993 c. 45

An Act to consolidate certain enactments relating to the constitution and proceedings of the Scottish Land Court; and to repeal provisions of the Crofters Holdings (Scotland) Act 1886 relating to the Scottish Land Court which are no longer of practical utility.

[5th November 1993]

I1 C1 C2Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C4

Annotations:

Commencement Information

Act wholly in force at 5.1.1994 see s. 2(3)

Modifications etc. (not altering text)

A table showing the derivation of the provisions of this consolidation Act will be found at the end of this Act. The table has no official status

Act applied (31.3.2002) by S.S.I. 2002/110, regs. 9, 10, 32, Sch. 2 Pt. III para. 25

Act applied (31.3.2005) by Dairy Produce Quotas (Scotland) Regulations 2005 (S.S.I. 2005/91), Sch. 1 para. 27

1 The Land Court.

1

The Scottish Land Court (“the Land Court”) established by section 3 of the M1Small Landholders (Scotland) Act 1911 shall continue in being.

2

The Land Court shall consist of such persons, being not more than seven, as Her Majesty, on the recommendation of the F1First Minister, may appoint; and one of those persons may be so appointed to be Chairman of the Court.

F22A

Before recommending the appointment of a person as Chairman, the First Minister shall consult the Lord President of the Court of Session.

3

The Chairman shall be a person who at the date of his appointment is—

a

an advocate of the Scottish Bar of not less than ten years’ standing; or

b

without prejudice to paragraph (a) above, a sheriff principal or sheriff who has held office as such for a continuous period of not less than ten years; or

c

a solicitor who, by virtue of section 25A (rights of audience) of the M2Solicitors (Scotland) Act 1980, has for a continuous period of not less than ten years had a right of audience in the Court of Session,

and shall forthwith on his appointment have the same rank and tenure of office as if he had been appointed a judge of the Court of Session.

4

Subsection (3)(b) above shall not confer any eligibility for appointment as chairman on a temporary sheriff principal F3. . . F26... F4or on a part-time sheriffF26... who is not otherwise eligible for such appointment.

5

One of the members of the Land Court shall be a person who can speak the Gaelic language.

6

Without prejudice to any jurisdiction conferred on it by any other enactment F13or by virtue of an Act of the Scottish Parliament, the Land Court shall have jurisdiction to hear and determine all matters, whether of law or fact, which arise under the M3Crofters (Scotland) Act F61993 or the Small Landholders (Scotland) Acts 1886 to 1931 F7... and, subject to subsection (7) below, the decision of the Land Court in any F8such case shall be final.

7

The Land Court may, if it thinks fit, and shall, on the request of any party, state a special case on any question of law arising in any proceedings pending before it under any enactment F23, or under the Environmental Regulation (Enforcement Measures) (Scotland) Order 2015F10, or under Part 2 of the Nature Conservation (Scotland) Act 2004 (asp 6),F9, or under Part 3 of the Land Reform (Scotland) Act 2003 (asp 2), for the opinion of the Inner House of the Court of Session, which is hereby authorised finally to determine that question.

F57A

Subsection (7) above does not apply in respect of proceedings in connection with any matter which may be determined by the Land Court by virtue of the Agricultural Holdings (Scotland) Act 1991 (c. 55) F32, the Agricultural Holdings (Scotland) Act 2003 or section 116 of the Land Reform (Scotland) Act 2016.

8

Schedule 1 to this Act shall have effect with respect to the Land Court.

2 Short title, repeals, commencement and extent.

1

This Act may be cited as the Scottish Land Court Act 1993.

2

The enactments specified in Schedule 2 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

3

This Act shall come into force on the expiry of the period of 2 months beginning with the date on which it is passed.

4

This Act extends to Scotland only.

SCHEDULES

SCHEDULE 1 THE LAND COURT

Section 1.

Incorporation

1

The Land Court shall be a body corporate with a common seal which shall be judicially noticed; and any order or other instrument purporting to be so sealed shall be received as evidence without further proof.

Tenure of office, remuneration and superannuation

F212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243

1

The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to the Chairman of the Land Court such salary F33and such allowances as the Treasury may determine.

2

The SCTS is to pay to each of the other members of the Land Court such salary F34and such allowances as the SCTS may determine.

3

Sums required by the SCTS for the payment of a salary F35or an allowance under this paragraph are charged on the Scottish Consolidated Fund.

3A

1

The SCTS may pay to a member of the Land Court such sums as it may determine in respect of expenses reasonably incurred by the member in the performance of, or in connection with, the member's duties.

2

The SCTS may—

a

determine the circumstances in which sums may be paid, and

b

determine different circumstances for different members.

4

1

The Chairman shall have the same right to a retiring annuity proportionate to his salary, subject to the like conditions and incidents as if he had been appointed a judge of the Court of Session; and every such annuity shall be charged on and paid out of the Consolidated Fund.

2

The principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall apply to every member of the Land Court (other than the Chairman) in like manner as that scheme applies to persons employed in the civil service of the State.

Organisation of Court

5

Subject to paragraph 6 of this Schedule, F18a 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.

6

1

The Land Court may delegate such of its powers as it may think expedient to any one member or to any two members of the Court, with or without the assistance of one or more land valuers, assessors or other skilled persons, and may revoke, alter or modify any such delegation of powers.

C32

Any order or determination arrived at under a delegation made in pursuance of this paragraph F19, 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.

F203

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116A

On 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.

7

The F30SCTS shall appoint a fit person to act as principal clerk of the Land Court.

F127A

The reference in paragraph 6(2) of this Schedule to nominated former members is to such members as have vacated office, F22whether under section 26 of the Judicial Pensions and Retirement Act 1993 or otherwise, and in relation to the particular review have been nominated under this paragraph by the principal clerk.

F318

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vacancies in membership and appointment of Deputy Chairman

9

Subject to paragraph 10 of this Schedule, any vacancy occurring in the membership of the Land Court may be filled by the appointment of a person by Her Majesty, on the recommendation of the Secretary of State.

10

1

The Secretary of State may appoint any person having the qualification required for holding the office of Chairman as a Deputy Chairman, who

F14a

shall act in place of the Chairman for such periods as the Chairman may, with the consent of the Secretary of State, directF15; 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.

2

Where there is a vacancy in the office of Chairman, or where the Chairman is, for whatever reason, unable to act, the Deputy Chairman shall act at the direction of the Secretary of State.

3

A Deputy Chairman appointed under sub-paragraph (1) above shall, while he is acting as Chairman, have the same powers and perform the duties as if he were the Chairman.

Removal of Land Court members

11

1

The Secretary of State may remove any member of the Land Court (other than the Chairman) for inability or misbehaviour.

2

Every order of removal in pursuance of this paragraph shall state the reasons for which it is made, and no such order shall come into operation—

a

until it has lain before both Houses of Parliament for not less than thirty days while Parliament is sitting;

b

if either House passes a resolution objecting to it.

Procedure

12

The Land Court mayF16, by order made by statutory instrument—

a

subject to the approval of the Secretary of State, prescribe such forms of application and other forms of procedure as F17it thinks proper;

b

make rules with reference to proceedings before it; and

c

with the approval of the Treasury, fix a scale of fees to be charged in carrying this Act into execution, and the taxation of such fees, and the persons by whom, and the manner in which, such fees are to be paid.

13

1

The Land Court may ascertain the facts in any case by hearing parties and examining witnesses, or by means of affidavits, or by such other mode of inquiry as it deems appropriate.

2

The Land Court may require the production of all books, papers, plans and documents relating to the case and it may summon and examine on oath such witnesses as it thinks fit to call or allow to appear before it.

3

The Land Court may, when sitting in open court, report in writing to the Lord Ordinary any person who has been guilty of contempt of court, and the Lord Ordinary may punish such person as if the contempt had been committed in his own court:

Provided that, when the Chairman is so sitting, he shall have the same power as the Lord Ordinary to punish for contempt of court.

4

All orders and determinations of the Land Court shall be in writing.

14

The Land Court may make rules for conducting the business of the Court.

Expenses

15

The Land Court may determine the amount of the expenses in any proceedings before it and the proportion to be borne by the different parties.

Enforcement

16

An order or determination of the Land Court may be enforced as if it were a decree of the sheriff having jurisdiction in the area in which the order or determination is to be enforced.

Accounts

17

The Land Court shall submit such estimates and keep such accounts of their receipts and expenditure, and their accounts shall be audited in accordance with such regulations, as the Treasury may direct.

Other financial matters

F2518

F271

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The Scottish Courts and Tribunals Service (“the SCTS”) is to pay to each of the following persons such remuneration as the SCTS may determine—

a

persons nominated under paragraph 7A of this Schedule,

b

persons appointed under paragraph 10 of this Schedule.

F28c

the principal clerk of the Land Court

F362A

The SCTS may pay to persons appointed under paragraph 10 of this Schedule such allowances as the SCTS may determine.

3

The SCTS may pay to each of the following persons such sums as it may determine in respect of expenses reasonably incurred by the person in the performance of, or in connection with, the person's duties—

a

persons nominated under paragraph 7A of this Schedule,

b

persons appointed under paragraph 10 of this Schedule.

4

The SCTS may—

a

determine the circumstances in which sums may be paid, and

b

determine different circumstances for different persons.

5

Expenditure incurred by the Land Court in the performance of its functions may be paid by the F29SCTS .

SCHEDULE 2 REPEALS

Section 2

Chapter	Short title	Extent of repeal
49 & 50 Vict. c. 29.	The Crofters Holdings (Scotland) Act 1886	In section 21, the last two paragraphs.
		Sections 24 to 26.
		Section 29.
1 & 2 Geo. 5. c. 49.	The Small Landholders (Scotland) Act 1911	Section 3.
		Section 25.
1 & 2 Geo. 6. c. 31.	The Scottish Land Court Act 1938	The whole Act.
3 & 4 Eliz. 2. c. 21.	The Crofters (Scotland) Act 1955	Section 34.
9 & 10 Eliz. 2. c. 58.	The Crofters (Scotland) Act 1961	Section 4(3).
1976 c. 21.	The Crofting Reform (Scotland) Act 1976	Section 17(1).
1990 c. 40.	The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990	Section 35(4).
		In Schedule 4, paragraph 12.
1991 c. 55.	The Agricultural Holdings (Scotland) Act 1991	Section 83.

TABLE OF DERIVATIONS

SHOWING THE DERIVATION OF THE PROVISIONS OF THE ACT

NOTE: The following derivations are used in this Table—

1886	– The Crofter Holdings (Scotland) Act 1886 (c.29)
1911	– The Small Landholders (Scotland) Act 1911 (c.49)
1938	– The Scottish Land Court Act 1938 (c.31)
1955	– The Crofters (Scotland) Act 1955 (c.21)
1961	– The Crofters (Scotland) Act 1961 (c.58)
1972	– The Superannuation Act 1972 (c.11)
1976	– The Crofting Reform (Scotland) Act 1976 (c.21)
1990	– The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40)
1991	– The Agricultural Holdings (Scotland) Act 1991 (c.55)

Provisions	Derivations
1	1911 s.3(1) to (3), ss.25(2) and 32(14); 1955 s.34, 1961 s.4(3); 1990 Sch.4 para.12; 1991 s.83.
Sch.1 para.1	1911 s.25(1).
para.2	1938 s.1(1).
para.3	1911 s.3(9).
para.4	1911 s.3(9); 1938 s.1(2); 1972 s.29(1), Sch.6 para.18.
para.5	1911 s.25(5).
para.6	1911 s.25(5).
para.7	1911 s.3(6).
para.8	1911 s.3(7).
para.9	1911 s.3(1).
para.10	1911 s.3(5), (5A), (5B); 1990 Sch.4 para.12.
para.11	1911 s.3(4).
para.12	1886 s.29.
para.13(1) to (3)	1911 s.25(3).
(4)	1911 s.25(1).
para.14	1911 s.3(12).
para.15	1911 s.25(4).
para.16	1976 s.17(1).
para.17	1911 s.3(11).
para.18	1911 s.3(10).