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Land Reform (Scotland) Act 2003: Part 2
Community Right to Buy: Guidance
ANNEX C
APPEALS PROCEDURE
1. The appeals procedure relating to Part 2 is contained in sections 61 and 62 of the Act. These cover appeals to the sheriff on certain Ministerial decisions and to the Lands Tribunal for Scotland on valuation questions, respectively. This ensures that any decisions made under the legislation are subject to review by an independent appellate body and therefore meet ECHR requirements. An appeal may be made by a CB, by a landowner or by any other interested party.
Appeals to the sheriff - section 61
2. Appeals may be made, by summary application, to the sheriff in whose sheriffdom the land or any part of it is situated, on the following grounds:
3. A landowner may appeal to a sheriff under section 61(1) against a decision made by Ministers:
- that a community interest in land is to be entered in the Register; or
- to consent to the exercise by a CB of its right to buy land.
4. A CB may appeal to the sheriff against a decision made by Ministers:
- that its community interest is not to be entered in the Register; or
- not to consent to the exercise by the CB of its right to buy.
5. Any other interested party, as defined in section 61(3) as being a member of the defined community or any person who has a legally enforceable right to the land subject to the registered interest, may appeal to the sheriff against a decision made by Ministers:
- that a community interest in land is to be entered in the Register; or
- to consent to the exercise by a CB of the right to buy land.
6. Section 61(4) provides that appeals must be lodged within 28 days of any decision by Ministers. Section 61(6) provides details of who must be informed of an appeal and by whom.
7. Under section 61(7), the sheriff may instruct rectification of the Register and may impose conditions on those appealing. As the sheriff's decision is final, that decision over-rules any previous decision made by Ministers.
Valuation appeals to the Lands Tribunal for Scotland - section 62
8. Section 62 provides that the landowner and any CB exercising its right to buy the land subject to a valuation may appeal to the Lands Tribunal against the valuation carried out under section 59 of the Act. Such an appeal must be made within 21 days of the valuer notifying the valuation decision.
9. The Lands Tribunal may reassess the valuation independently and substitute its decision for that of Ministers. Section 62(5) requires the appeal hearing to begin no later than 4 months from the first sitting day after the appeal is lodged and, under section 62(7), the Lands Tribunal has 4 weeks from the conclusion of the appeal hearing in which to intimate its decision.
10. As indicated in the guidance, if a valuer attends an appeal hearing on behalf of Ministers, the Scottish Executive will meet the costs. However, if you invite the valuer to appear as an independent witness, any costs must be met by you.
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