Lands Tribunal for Scotland facts for kids

Quick facts for kids Lands Tribunal for Scotland
Crest of the Royal Coat of Arms of the United Kingdom in Scotland
Established	1971
Location	Edinburgh
Composition method	Appointed by the Lord President
Authorized 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

The Lands Tribunal for Scotland (which is Tribiunal Fearainn na h-Alba in Scottish Gaelic) is a special kind of court in Scotland. It helps solve problems and make decisions about land and property. This includes things like who owns land, rules about property, and when the government needs to buy land for public use.

This Tribunal was set up by a law called the Lands Tribunal Act 1949. This same law also created a similar Tribunal for England, Wales, and Northern Ireland. Even though the law was made in 1949, the Lands Tribunal for Scotland didn't actually start working until 1971. This was because there weren't enough cases for it to handle at first.

However, a new law in 1970, called the Conveyancing and Feudal Reform (Scotland) Act, gave the Tribunal more important jobs. This made it necessary to finally open it in March 1971. The Tribunal is located in George House, on George Street in Edinburgh.

What the Tribunal Does

The Lands Tribunal for Scotland deals with issues about land and property all over Scotland. It focuses on private rights related to land. This means it handles agreements and rules between people or groups about their land.

The main types of cases the Tribunal works on include:

• Changing or removing old rules about how land can be used.
• Helping tenants (people who rent homes) buy their public sector houses.
• Deciding fair payment when the government buys land for public projects. This also includes payments for land that loses value because of public works nearby.
• Figuring out the value of non-domestic buildings for taxes.
• Hearing appeals against decisions made by the Keeper of the Registers of Scotland. This office keeps records of land ownership.
• Handling appeals about land value when someone has the first chance to buy it.
• Acting as a neutral helper (an arbiter) when people agree to let the Tribunal solve their land disputes.

Who Works at the Tribunal

The Lands Tribunal has a President and two other members. The number of people working there is decided by the Scottish Ministers. The members are chosen by the Lord President of the Court of Session. This is a very important judge in Scotland.

Before choosing anyone other than the President, the Lord President must talk to the Scottish Branch of the Royal Institution of Chartered Surveyors. This group knows a lot about land and property values. The President of the Lands Tribunal must be a qualified lawyer. They might have been a judge before, or be an Advocate (a type of lawyer who argues in higher courts) or a solicitor (a lawyer who advises clients).

The first President of the Tribunal, Walter Elliott, also became the Chairman of the Scottish Land Court in 1978. Since then, the same person has usually held both jobs, even though they are separate courts. The current President is Lord Duthie, who started his role on January 9, 2023.

As of February 2023, the members of the Tribunal were:

• Lord Duthie (President)
• Ralph A Smith QC
• Andrew Oswald FRICS

Past Presidents of the Lands Tribunal

Here are the people who have been President of the Lands Tribunal:

• 1971 - 1992: Archie Elliott, Lord Elliott
• 1993 - 1996: Alexander Philip, Lord Philip
• 1996 – 2014: James McGhie, Lord McGhie
• 2014 – 2022: Roderick John MacLeod, Lord Minginish
• 2023 – present: Lord Duthie

Related Courts and Tribunals

You might also be interested in these:

• Lands Tribunal (for England, Wales, and Northern Ireland)
• Lands Tribunal for Northern Ireland
• Scottish Land Court