Lands Tribunal for Scotland
Encyclopedia
The Lands Tribunal for Scotland is a civil
court
with jurisdiction over certain matters relating to land and property in Scotland
. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands 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, on George Street
in Edinburgh
.
under Section 2 of the Lands Tribunal Act 1949. The first President of the Tribunal, Walter Elliott
, was appointed Chairman of the Scottish 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 the College 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 the Royal Institution of Chartered Surveyors
.
The current members of the Tribunal are:
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
with jurisdiction over certain matters relating to land and property in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands 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, on George Street
George Street, Edinburgh
Situated to the north of Princes Street, George Street is a major street in the centre of Edinburgh, the capital of Scotland. Laid out from 1767 as part of James Craig's plan for the New Town, George Street was named in honour of King George III.-Geography:...
in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
.
Aims and Purposes
The Lands Tribunal for Scotland specifies that the main areas of work are:- the discharge or variation of title conditions
- tenants’ rights to purchase their public sector houses
- disputed compensation for compulsory purchase of land or loss in value of land caused by public works
- valuations for rating on non-domestic premises
- appeals against the Keeper of the Registers of Scotland
- appeals about valuation of land on pre-emptive purchase
- voluntary or joint references in which the Tribunal acts as arbiter.
Composition
The Tribunal is currently composed of a President and three other members. The number and appointment of posts is determined by the Lord President of the Court of SessionLord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
under Section 2 of the Lands Tribunal Act 1949. The first President of the Tribunal, Walter Elliott
Walter Elliott, Lord Elliott
Archibald Elliott, Lord Elliott MC was a Scottish lawyer and judge. In 1971, he became the first President of the newly established Lands Tribunal for Scotland, and in 1978 took on the additional office of Chairman of the Scottish Land Court...
, was appointed Chairman of the Scottish Land Court
Scottish Land Court
The Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction for disputes between landlords and tenants relating to agricultural tenancies and matters related to crofts and crofters. The Chairman of the Scottish Land Court is ranked as a Senator of the...
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 the College of Justice
College of Justice
The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office...
(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 the Royal Institution of Chartered Surveyors
Royal Institution of Chartered Surveyors
The Royal Institution of Chartered Surveyors is an independent, representative professional body which regulates property professionals and surveyors in the United Kingdom and other sovereign nations....
.
The current members of the Tribunal are:
- James McGhie, Lord McGhieJames McGhie, Lord McGhieJames Marshall McGhie, Lord McGhie is the Chairman of the Scottish Land Court and President of the Lands Tribunal for Scotland, and a Senator of the College of Justice.-Personal life:...
(President) - John Wright QC
- Kenneth Barclay FRICS
- Ian Darling FRICS
Presidents of the Lands Tribunal
- 1971 - 1992: Archie Elliott, Lord Elliott
- 1993 - 1996: Alexander Philip, Lord PhilipAlexander Philip, Lord PhilipThe Rt. Hon. Alexander Morrison Philip, Lord Philip is a Scottish lawyer and former Senator of the College of Justice.-Early life:...
- 1996 - present: James McGhie, Lord McGhieJames McGhie, Lord McGhieJames Marshall McGhie, Lord McGhie is the Chairman of the Scottish Land Court and President of the Lands Tribunal for Scotland, and a Senator of the College of Justice.-Personal life:...
See also
- Lands Tribunal
- Lands Tribunal for Northern IrelandLands Tribunal for Northern IrelandThe Lands Tribunal for Northern Ireland is a court of record in Northern Ireland established by the Lands Tribunal and Compensation Act 1964....
- Scottish Land CourtScottish Land CourtThe Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction for disputes between landlords and tenants relating to agricultural tenancies and matters related to crofts and crofters. The Chairman of the Scottish Land Court is ranked as a Senator of the...