Contents
Part 2 · Merger of the Scottish Land Court and the Lands Tribunal for Scotland
Merger of the Scottish Land Court and the Lands Tribunal for Scotland
59Power to make further provision in connection with the merger etc.#
(1)The Scottish Ministers may by regulations make further provision for or in connection with the transfer of the things mentioned in section 57(1).
(2)Regulations under this section may modify any enactment (including this Act).
(3)Regulations under this section—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
(b)otherwise, are subject to the negative procedure.
60Transitory provision: eligibility of suitable members of Lands Tribunal for Scotland to sit in Upper Tribunal#
(1)In the Lands Tribunal Act 1949, in section 2 (members, officers and expenses of the Lands Tribunal for Scotland), after subsection (2A) insert—“2B The President may determine that a member of the Lands Tribunal for Scotland appointed in pursuance of subsection (2A)(a) is suitably qualified to be eligible to act as a member of the Upper Tribunal for Scotland.”
(2)In the Tribunals (Scotland) Act 2014, in section 17 (sheriffs and judges), in subsection (4), after “Court” where it second occurs, insert “or a member of the Lands Tribunal for Scotland”.
The Scottish Land Court
Part 3 · General
64Regulations#
(1)A power to make regulations conferred by this Act includes the power to make—
(a)different provision for different purposes or areas, and
(b)incidental, supplemental, consequential, transitional, transitory or saving provision.
(2)This section does not apply to section 66.
65Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.
(2)Regulations under this section may—
(a)modify any enactment (including this Act), and
(b)make different provision for different purposes.
(3)Regulations under this section—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
(b)otherwise, are subject to the negative procedure.
66Commencement#
(1)This section and sections 64, 65 and 67 come into force the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under this section may—
(a)make different provision for different purposes or areas,
(b)include transitional, transitory or saving provision.
Schedule 1 · The Scottish Land Court
Part 1 · Administration and organisation
Part 2 · Jurisdiction of the Court
Part 3 · Rules, procedure, expenses and powers
(27)
(1)The Court of Session may by act of sederunt make provision for or about—
(a)the procedure and practice to be followed in proceedings in the Court,
(b)any matter incidental or ancillary to such proceedings.
(2)An act of sederunt under sub-paragraph (1) may make—
(a)incidental, supplemental, consequential, transitional, transitory or saving provision,
(b)provision amending, repealing or revoking any enactment (including any provision of this Act) relating to matters with respect to which an act of sederunt under sub-paragraph (1) may be made,
(c)different provision for different purposes.
(3)Before making an act of sederunt under sub-paragraph (1) with respect to any matter, the Court of Session must—
(a)consult the Chair,
(b)consult the Scottish Civil Justice Council, and
(c)take into consideration any views expressed by the Council with respect to that matter.
(4)Paragraphs (a) and (b) of sub-paragraph (3) do not apply in relation to an act of sederunt that embodies, with or without modifications, draft rules submitted by the Scottish Civil Justice Council to the Court of Session.
Part 4 · Interpretation
(35)In this schedule—• “Chair” means the Chair of the Court appointed under paragraph 2(2),• “Court” means the Scottish Land Court,• “the SCTS” means the Scottish Courts and Tribunals Service,• “solicitor” means a person enrolled as a solicitor in the roll of solicitors kept under section 7 of the Solicitors (Scotland) Act 1980,• “Upper Tribunal for Scotland” means the Upper Tribunal for Scotland, established by section 1 of the Tribunals (Scotland) Act 2014.
Schedule 2 · Minor and consequential amendments
Part 1 · Crofting reform
Part 2 · Scottish Land Court
(9)
(1)The Tribunals (Scotland) Act 2014 is modified as follows.
(2)In section 17 (sheriffs and judges)—
(a)in subsection (2)—
(i)in paragraph (b), for “Chairman” substitute “Chair”,
(ii)the “or” after paragraph (b) is repealed,
(iii)after paragraph (c) insert—“d a suitably qualified member of the Scottish Land Court (as determined under paragraph 13 of schedule 1 of the Crofting and Scottish Land Court Act 2026), ore a suitably qualified member of the Lands Tribunal for Scotland (as determined under section 2(2B) of the Lands Tribunal Act 1949).”
(b)in subsection (4), for “or the Chairman” substitute “, the Chair or other member”,
(c)in subsection (6), after paragraph (b) insert—“c in the case of a member of the Scottish Land Court (apart from the Chair of that Court), also requires the concurrence of the Chair of that Court,d in the case of a member of the Lands Tribunal for Scotland, also requires the concurrence of the President of that Tribunal.”
(3)The title of section 17 becomes “Sheriffs, judges and other holders of judicial office”.
(4)In schedule 1 (listed tribunals)—
(a)in Part 1, paragraph 6 is repealed,
(b)in Part 2, sub-paragraph (6) of paragraph 13 is repealed.
(5)In schedule 2 (transfer-in of members), in paragraph 1(3), sub-paragraph (b) and the “or” immediately preceding it are repealed.
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