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Lands Tribunal for Scotland
Crest of the Kingdom of Scotland.svg
Crest of the Royal Coat of Arms of the United Kingdom in Scotland
Established 1971
Jurisdiction Scotland
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 is like a special court in Scotland. It helps solve problems about land and property. It deals with things like who owns land, when the government needs to buy land, and other private agreements about property.

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

But then, a new law in 1970 gave it more important jobs. These new jobs included changing old property rules. This led to the Tribunal officially opening in March 1971. The Tribunal's office is located in George House, on George Street in Edinburgh.

How the Tribunal Started

The Lands Tribunal for Scotland was created by the Lands Tribunal Act 1949. This same law also set up similar tribunals for England, Wales, and Northern Ireland.

Even though the law was passed in 1949, the Scottish Tribunal didn't begin its work until 1971. At first, there wasn't enough work for it to do. However, the Conveyancing and Feudal Reform (Scotland) Act of 1970 changed things. This new law gave the Lands Tribunal important new powers. These powers included the ability to change or remove old property rules. This led to the Tribunal finally being established in March 1971.

What the Tribunal Does

The Lands Tribunal for Scotland handles issues related to land and property. Its main job is to deal with private rights concerning land in Scotland.

The Tribunal focuses on several key areas of work:

  • Changing or removing old rules about property ownership.
  • Helping tenants buy their public sector homes.
  • Deciding fair payments when land is bought by the government for public projects.
  • Figuring out the value of non-home properties for taxes.
  • Handling appeals against decisions made by the Keeper of the Registers of Scotland.
  • Dealing with appeals about land value when someone has the first chance to buy it.
  • Acting as a neutral helper 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.

The Lord President must talk to the Scottish Branch of the Royal Institution of Chartered Surveyors before choosing anyone other than the President. The President of the Lands Tribunal must be a lawyer. They must have worked as a judge, or be an Advocate or solicitor.

The first President of the Tribunal, Walter Elliott, also became the Chairman of the Scottish Land Court in 1978. Since then, both jobs have often been held by the same person, even though they are separate courts. The President of the Lands Tribunal is also a judge of the Land Court.

The Tribunal also includes members who are lawyers or experts in valuing land. These experts are chosen after talking with the Scottish Chairman of the Royal Institution of Chartered Surveyors. 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 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

See also

  • Lands Tribunal
  • Lands Tribunal for Northern Ireland
  • Scottish Land Court
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