The Lands Tribunal for Scotland is a

tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single ...

with jurisdiction over land and property in

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...

, relating to title obligations,

compulsory purchase Compulsion may refer to: * Compulsive behavior, a psychological condition in which a person does a behavior compulsively, having an overwhelming feeling that they must do so. * Obsessive–compulsive disorder, a mental disorder characterized by ...

and other private rights. The Tribunal was established under the

Lands Tribunal Act 1949 The Lands Tribunal was a tribunal in the United Kingdom created by the Lands Tribunal Act 1949 that had jurisdiction in England and Wales and Northern Ireland, although in the Northern Ireland context the term Lands Tribunal normally refers to a ...

, 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 Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...

History

The Tribunal was established under the

Remit and jurisdiction

The

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...

of the Lands Tribunal is over land and property in

, relating to title obligations,

Right to Buy The Right to Buy scheme is a policy in the United Kingdom, with the exception of Scotland since 1 August 2016 and Wales from 26 January 2019, which gives secure tenants of councils and some housing associations the legal right to buy, at a large ...

and other ''private'' rights. 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.

Judges and office holders

The Tribunal is currently composed of a President and two other members. The number of posts are determined by the Scottish Ministers and members are appointed by the

Lord President of the Court of Session The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The L ...

under Section 2 of the Lands Tribunal Act 1949. The Lord President must consult the Scottish Branch of the Royal Institution of Chartered Surveyors before appointing anyone other than the President. The President of the Lands Tribunal must be legally qualified having previously served in judicial office, or be an

Advocate An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However ...

solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...

. The first President of the Tribunal, Walter Elliott, was appointed Chairman of the

Scottish Land Court The Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction covering disputes between landlords and tenants relating to agricultural tenancies, and matters related to crofts and crofters. The Scott ...

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 The College of Justice includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, an ...

(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 Royal Institution of Chartered Surveyors (RICS) is a global professional body for surveyors, founded in London in 1868. It works at a cross-governmental level, and aims to promote and enforce the highest international standards in the va ...

. the members of the Tribunal were: * Roderick John MacLeod QC, Lord Minginish (President) *Ralph A Smith QC *Andrew Oswald FRICS

Presidents of the Lands Tribunal

*1971 - 1992:

Archie Elliott, Lord Elliott (Walter) Archibald Elliott, Lord Elliott MC (6 September 1922 – 9 August 2008) 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 addition ...

*1993 - 1996:

Alexander Philip, Lord Philip The Rt. Hon. Alexander Morrison Philip, Lord Philip, (born 3 August 1942) is a Scottish lawyer and former Senator of the College of Justice. Early life The son of Alexander Philip, OBE and Isobel Thomson Morrison, Philip was educated at the ...

*1996 – 2014:

James McGhie, Lord McGhie James Marshall McGhie, Lord McGhie is a Scottish lawyer who until 2014 was 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 McGhie was educated at Pe ...

*2014–present:

Roderick John MacLeod, Lord Minginish Roderick John MacLeod, Lord Minginish, ( Gaelic: ''Ruairidh Iain MacLeòid''; born ), also known as Roddy John, is a Scottish advocate. From 2014 until his retirement in December 2022, he was Chairman of the Scottish Land Court and President ...

References

External links