This article needs to beupdated. Please help update this article to reflect recent events or newly available information.(September 2017) |
| Lands Tribunal for Scotland | |
|---|---|
Crest of the Royal Coat of Arms of the United Kingdom in Scotland | |
| Established | 1971 |
| Jurisdiction | Scotland |
| Location | Edinburgh |
| Composition method | Appointed by theLord President |
| Authorised by | Lands Tribunal Act 1949 |
| Appeals to | Court of Session |
| Number of positions | 3 |
| Website | www.lands-tribunal-scotland.org.uk |
| President | |
| Currently | Lord Duthie |
| Since | 9 January 2023 |
TheLands Tribunal for Scotland (Scottish Gaelic:Tribiunal Fearainn na h-Alba) is atribunal with jurisdiction over land and property inScotland, relating totitle obligations,compulsory purchase and other private rights. The Tribunal was established under theLands Tribunal Act 1949, which also created the separateLands Tribunal in England and Wales and Northern Ireland.
Although the statutory basis of the Lands Tribunal for Scotland was the Lands Tribunal Act 1949, the Tribunal itself was not actually created until 1971, as there was not considered a sufficient amount of work to be undertaken. The Conveyancing and Feudal Reform (Scotland) Act 1970 gave the Lands Tribunal new powers to discharge title conditions, which prompted its actual establishment in March 1971.
The Tribunal is based in George House, onGeorge Street inEdinburgh.
The Tribunal was established under theLands Tribunal Act 1949, which also created the separateLands Tribunal in England and Wales and Northern Ireland.[1]
Although the statutory basis of the Lands Tribunal for Scotland was the Lands Tribunal Act 1949, the Tribunal itself was not actually created until 1971, as there was not considered a sufficient amount of work to be undertaken.[2] The Conveyancing and Feudal Reform (Scotland) Act 1970 gave the Lands Tribunal new powers to discharge title conditions, which prompted its actual establishment in March 1971.[2][3]
Thejurisdiction of the Lands Tribunal is over land and property inScotland, relating totitle obligations,Right to Buy,compulsory purchase and otherprivate rights.[4][5][6]
The Lands Tribunal for Scotland specifies that the main areas of work are:
The Tribunal is currently composed of a President and two other members.[7] The number of posts are determined by theScottish Ministers and members are appointed by theLord President of the Court of Session under Section 2 of the Lands Tribunal Act 1949. The Lord President must consult theScottish Branch of the Royal Institution of Chartered Surveyors before appointing anyone other than the President. The President of the Lands Tribunal must be legally qualified having previously served injudicial office, or be anAdvocate orsolicitor.[8]
The first President of the Tribunal,Walter Elliott, was appointed Chairman of theScottish Land Court in 1978, and since then both offices have been held together, although the courts remain separate. The President of the Lands Tribunal is not accorded membership of theCollege of Justice (and subsequently the judicial title,Lord) by virtue of this position but through Chairmanship of the Land Court. The Tribunal should also contain members legally qualified with experience as an advocate or solicitor, and those experienced in the valuation of land, who are to be appointed by the Lord President after consulting the Scottish Chairman of theRoyal Institution of Chartered Surveyors.[8] The current President isLord Duthie who was appointed on 9 January 2023.[9]
As of February 2023[update] the members of the Tribunal were:[7]
Lord Duthie is the Chair of the Scottish Land Court and President of the Lands Tribunal for Scotland. He was appointed to these positions on 9 January 2023.".