Lands Tribunal Act 1949

1 Establishment of the Lands Tribunal for Scotland , jurisdiction and appeals to the Scottish Tribunals

(1) There shall be set up, to exercise the jurisdiction hereafter mentioned in this Act, a tribunal for Scotland, to be called “the Lands Tribunal for Scotland”. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) There shall be referred to and determined by the Upper Tribunal or the Lands Tribunal for Scotland— (a) any question which is by any Act (including a local or private Act) directed, in whatever terms, to be determined by a person or one or more persons selected from either of the following panels, that is to say,— (i) the panel of official arbitrators appointed under the Acquisition of Land Act; and (ii) the panel of referees appointed under Part I of the Finance (1909-10) Act 1910; or which is so directed to be determined in the absence of agreement to the contrary; (b) any other question of disputed compensation under the Lands Clauses Acts, where the claim is for the injurious affection of any land . . . (c) any question arising . . . as to the apportionment mentioned in section one hundred and sixteen of the Lands Clauses Consolidation Act 1845 or section 109 of the Lands Clauses Consolidation (Scotland) Act 1845, of any rent charge or other matter to which that section applies; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) any question on which, but for this provision, an appeal or reference to the county court would or might be made by virtue of section . . . , sixty-two or eighty-seven of the Local Government Act 1948. (3A) The Upper Tribunal for Scotland may determine any appeal or complaint under the Valuation Acts (within the meaning of section 37(1) of the Local Government (Scotland) Act 1975) referred to it by the First-tier Tribunal for Scotland. (3B) The jurisdiction conferred by subsection (3A) of this section includes power, in relation to an individual appeal or complaint, to decline with reason stated to proceed to determine it. (3BA) The Upper Tribunal for Scotland may also determine any appeal against a decision of the First-tier Tribunal for Scotland not to refer to the Upper Tribunal for Scotland any appeal or complaint made to the First-tier Tribunal for Scotland and, where the Upper Tribunal for Scotland upholds such an appeal, the appeal or complaint made to the First-tier Tribunal for Scotland shall, for the purposes of this section, be regarded as having been referred by the First-tier Tribunal for Scotland to the Upper Tribunal for Scotland for determination under subsection (3A) above. (3C) The provisions of the said Valuation Acts with regard to appeal to judges of the Court of Session shall, with any necessary modifications, apply in relation to determinations of the Upper Tribunal for Scotland under subsection (3A) of this section as they apply in relation to decisions of the First-tier Tribunal for Scotland. (3D) The Secretary of State may by order made by statutory instrument repeal or amend any enactment (including this Act) to the extent necessary to give full effect to this section. (3E) A statutory instrument containing an order under subsection (3D) above shall have no effect until approved by resolution of each House of Parliament. (4) The Upper Tribunal or the Lands Tribunal for Scotland shall also exercise— (a) the jurisdiction conferred on the Authority under section eighty-four of the Law of Property Act 1925 (which relates to the discharge and modification of restrictive covenants); and (b) any other jurisdiction conferred by any Act (including a local or private Act), or instrument made under any such Act, on a person or one or more persons selected as mentioned in paragraph (a) of the last foregoing subsection . . . (5) The Upper Tribunal or the Lands Tribunal for Scotland may also act as arbitrator under a reference by consent, and any agreement entered into before the commencement of this Act which provides for referring any matter to arbitration by a person or one or more persons selected as aforesaid shall, subject to any subsequent agreement, have effect as if it provided for referring the matter to arbitration by the Upper Tribunal or the Lands Tribunal for Scotland. (6) Where any person is or may be liable for any compensation falling to be determined under section fifty-eight or one hundred and six of the Lands Clauses Consolidation Act 1845 (which sections relate to the procedure in default of a claimant), the surveyor referred to in those sections, . . . shall be selected by the Senior President of Tribunals from members of the Upper Tribunal who are members or fellows of the Royal Institution of Chartered Surveyors. (6A) Where any person is or may be liable for any compensation falling to be determined under section 57 or 97 of the Lands Clauses Consolidation (Scotland) Act 1845 (which sections relate to the procedure in default of a claimant), the surveyor referred to in those sections shall be selected from members of the Lands Tribunal for Scotland in accordance with the following provisions of this Act. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .