The current fees payable for applications, etc. to the Tribunal are set out in several Statutory Instruments which are listed and reproduced below. You may require to look through all of the Statutory Instruments to find the appropriate fee. This may be confusing, as some items in the earlier instruments have been deleted or amended by later instruments.
If you are not sure about what fee should be paid, then please contact the Tribunal before lodging your application.
| Instrument | Informal guide as to content |
|---|---|
| S.I. 1996 No. 519 | (“Original” fees, pre-abolition of feudal tenure; title conditions and land reform legislation.) |
| S.S.I. 2003 No. 451 | (Title conditions certificate fee – S.107.) |
| S.S.I. 2003 No. 521 | (Some “early” abolition of feudal tenure, title conditions fees and land reform fees.) |
| S.S.I. 2004 No. 479 | (Title conditions certificate fee – SS.23, 34, 37 and 73.) |
| S.S.I. 2004 No. 480 | (Abolition of feudal tenure and title conditions fees and amendments.) |
Statutory Instrument 1996 No. 519 (S.52)
| Item | Fee payable | ||
|---|---|---|---|
| Applications, etc. | |||
| (1) | On an application under the Conveyancing and Feudal Reform (Scotland) Act 1970 | ||
| (a) | section 1 (land obligations) - initial application | £130.00 | |
| (b) | section 1 - subsequent application | £65.00 | |
| (c) | section 4 (feu duties) | £75.00 | |
| Note: The fees under Item (1) above are no longer applicable. However they have not been formally deleted. | |||
| (2) | On an application relating to disputed compensation under Part III of these Rules or where the Tribunal is acting under a reference by consent under section 1(5) of the Lands Tribunal Act 1949 | ||
| (a) | where the disputed amount does not exceed £20,000 being either a lump sum or a rent or other annual payment | £78.00 | |
| (b) | where the disputed amount exceeds £20,000 being either a lump sum or a rent or other annual payment | £130.00 | |
| (c) | where the application or reference does not involve a disputed amount | £78.00 | |
| (3) | On an appeal under section 1(3A) of the Lands Tribunal Act 1949 (valuation for rating) | ||
| (a) | where the net annual value does not exceed £10,000 | £100.00 | |
| (b) | where the net annual value exceeds £10,000 but not £50,000 | £150.00 | |
| (c) | where the net annual value exceeds £10,000 but not £100,000 | £300.00 | |
| (d) | where the net annual value exceeds £100,000 | £500.00 | |
| (4) | On an appeal under section 1(3BA) of the Lands Tribunal Act 1949 (non-referral of valuation appeal or complaint) | £78.00 | |
| (5) | On an appeal under section 25 of the Land Registration (Scotland) Act 1979 (appeal against action or omission of the Keeper of the Registers of Scotland) | £78.00 | |
| (6) | On any other application (not being an appeal under Part IV or Part VA or a reference under Part V of these Rules) | £52.00 | |
| Hearing fees, etc. | |||
| (7) | On the hearing of an application under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970 | ||
| (a) | for each day on which the Tribunal sits | £155.00 | |
| (c) |
on making of an order under
|
|
|
| (8) | On the hearing of an application under Part III or an appeal under Part VC of these Rules or where the Tribunal is acting under a reference by consent | ||
| (a) | where the amount is determined in terms of a lump sum | £50 in respect of every £5,000 or part of £5,000 of such lump sum but not less than £155 for each day on which the Tribunal sits and not exceeding in any case £5,000 | |
| (b) | where the amount is determined in terms of rent or other annual payment | £50 in respect of every £500 or part of £500 of such rent or other annual payment but not less than £155 for each day on which the Tribunal sits and not exceeding in any case £5,000 | |
| (c) | where there is a settlement as to amount, for each day on which the Tribunal sits | £155.00 | |
| (9) | On the hearing of any other application or appeal or reference including the hearing of preliminary pleas-in-law or legal debates in which no fee is payable by reference to an amount determined | £155 for each day on which the Tribunal sits | |
| Miscellaneous fees | |||
| (10) | On certifying a copy of an order or determination of the Tribunal | £7.50 | |
| (11) | For each sheet of a copy of all or part of any document | £1.20 | |
| (12) | On a case for the decision of the Court of Session or the Lands Valuation Appeal Court (in respect of references under part VC of these Rules) - an application for appeal by way of stated case (to include drafting of case and any necessary copies) | £55.00 | |
| (13) | On the placing of an advertisement under section 1 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (Note: advertisements are invariably required in applications involving (i) missing superiors, (ii) alcohol and (iii) major developments which may have widespread implications) | 100 per cent of the cost of the advertisement in an appropriate newspaper (charge is restricted to the cost of one advertisement irrespective of the number of advertisements placed) | |
| (14) | On an application for the cancellation of a hearing | £75.00 | |
| (15) | On an application during the course of proceedings which is not specifically referred to in the above table of fees (eg an application for (i) an extension to the period in which answers or adjustments are required to be lodged, or (ii) the continuation or sisting of an application) | £35.00 | |
SCOTTISH STATUTORY INSTRUMENTS
2003 No. 451
LANDS TRIBUNAL
The Lands Tribunal for Scotland (Relevant Certificate) (Fees) Rules 2003
| Made | 22nd September 2003 | ||
| Laid before the Scottish Parliament | 24th September 2003 | ||
| Coming into force | 1st November 2003 |
The Scottish Ministers, in exercise of the powers conferred by section 126 of the Title Conditions (Scotland) Act 2003 [1] and of all other powers enabling them in that behalf, and after consultation with the Scottish Committee of the Council on tribunals in accordance with that section, hereby make the following Rules:
Citation and commencement
1. These rules may be cited as the Lands Tribunal for Scotland (Relevant Certificate) (Fees) Rules 2003 and shall come into force on 1st November 2003.
Fees
2. The fee chargeable by the Lands tribunal for Scotland in respect of issuing a relevant certificate by virtue of section 107 of the Title Conditions (Scotland) Act 2003 shall be £25.
HUGH HENRY
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
22nd September 2003
EXPLANATORY NOTE
(This note does not form part of the Rules)
This Rule provides for a fee of £25 to be chargeable by the Lands tribunal for Scotland on applications under section 107 of the Title Conditions (Scotland) Act 2003 for a certificate from the tribunal to the effect that no application in relation to a proposal to register a conveyance has been received. Such a certificate may be required where land which could have been purchased compulsorily is being acquired by agreement.
Notes:
[1] 2003 asp 9.
SCOTTISH STATUTORY INSTRUMENTS
2003 No. 521
LANDS TRIBUNAL
The Lands Tribunal for Scotland Amendment (Fees) Rules 2003
| Made | 30th October 2003 | ||
| Coming into force | 1st November 2003 |
The Scottish Ministers, in exercise of the powers conferred by section 3(6) and (12)(e) of the Lands Tribunal Act 1949[1] and of all other powers enabling them in that behalf, and after consultation with the Scottish Committee of the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 1992, hereby make the following Rules:
Citation and commencement
1. These rules may be cited as the Lands Tribunal for Scotland Amendment (Fees) Rules 2003 and shall come into force on 1st November 2003.
Table of Fees
2. The Table of Fees set out in the Schedule to these Rules shall be inserted after the Table of Fees contained in Schedule 2 to the Lands Tribunal for Scotland Rules 1971.
HUGH HENRY
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
30th October 2003
SCHEDULE
Rule 2
FEES
| Item | Fee Payable |
|---|---|
| 16. On an application under section 20 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 | £150 |
| 17. On an application under section 90(1)(b)(ii) of the Title Conditions (Scotland) Act 2003 | £150 |
| 18. On an application under the Land Reform (Scotland) Act 2003 | £150 |
| 19. On a referral under section 86(5) of the Title Conditions (Scotland) Act 2003 or section 44 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 | £150 |
| 20. On the hearing of an application or referral under items 16, 17, 18 or 19 above | £155 for each day on which the Tribunal sits |
| 21. On the making of an order under section 20 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, the Land Reform (Scotland) Act 2003 or under section 90(1)(b)(ii) of the Title Conditions (Scotland) Act 2003 | £88 + 100 per cent of the cost of registering the order where the Tribunal is obliged to do so |
| 22. For placing an advertisement in connection with applications under section 20 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and section 90(1)(b)(ii) of the Title Conditions (Scotland) Act 2003 | 100 per cent of the cost of the advertisement in an appropriate newspaper (charge is restricted to the cost of one advertisement irrespective of the number of advertisements placed) |
EXPLANATORY NOTE
(This note does not form part of the Rules)
These Rules amend the Lands Tribunal for Scotland Rules 1971 from 1st November 2003 by adding new fees in respect of applications, referrals and other procedure under the Abolition of Feudal Tenure etc. (Scotland) Act 2000, the Land Reform (Scotland) Act 2003 and the Title Conditions (Scotland) Act 2003.
Notes:
[1] 1949 c.42. Section 3 was amended by section 50(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) and by S.I. 1972/2002. The functions of the Lord Advocate were transferred to the Secretary of State for Scotland by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678) and to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent was removed by section 55 of that Act
SCOTTISH STATUTORY INSTRUMENTS
2004 No. 479
LANDS TRIBUNAL
The Lands Tribunal for Scotland (Title Conditions Certificates) (Fees) Rules 2004
| Made | 3rd November 2004 | ||
| Laid before the Scottish Parliament | 4th November 2004 | ||
| Coming into force | 28th November 2004 |
The Scottish Ministers, in exercise of the powers conferred by section 126 of the Title Conditions (Scotland) Act 2003[1], and of all other powers enabling them in that behalf, and after consultation with the Scottish Committee of the Council on Tribunals in accordance with that section hereby make the following Rules:
Citation and commencement
1. These Rules may be cited as the Lands Tribunal for Scotland (Title Conditions Certificates) (Fees) Rules 2004 and shall come into force on 28th November 2004.
Fees
2. The fee chargeable by the Lands Tribunal for Scotland in respect of issuing a certificate by virtue of sections 23, 34, 37 and 73 of the Title Conditions (Scotland) Act 2003 shall be £25.
HUGH HENRY
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
3rd November 2004
EXPLANATORY NOTE
(This note does not form part of the Rules)
The Title Conditions (Scotland) Act 2003 (asp 9) provides in sections 23, 34, 37 and 73 for certificates executed by a member of the Lands Tribunal, or by their clerk, in connection with applications under that Act. These rules set a fee chargeable on application to the Lands Tribunal for such a certificate.
Notes:
[1] 2003 asp 9.
SCOTTISH STATUTORY INSTRUMENTS
2004 No. 480
LANDS TRIBUNAL
The Lands Tribunal for Scotland Amendment (Fees) Rules 2004
| Made | 3rd November 2004 | ||
| Coming into force | 28th November 2004 |
The Scottish Ministers, in exercise of the powers conferred by sections 3(6) and (12)(e) of the Lands Tribunal Act 1949[1], and of all other powers enabling them in that behalf, and after consultation with the Scottish Committee of the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 1992[2] hereby make the following Rules:
Citation and commencement
1. These Rules may be cited as the Lands Tribunal for Scotland Amendment (Fees) Rules 2004 and shall come into force on 28th November 2004.
Amendments
2. In the Table of Fees contained in Schedule 2 to the Lands Tribunal for Scotland Rules 1971[3]–
| (a) omit item 16; | ||
| (b) for item 17 substitute– | ||
| " 17. On an application under sections 90 or 91 of the Title Conditions (Scotland) Act 2003[4] | £150"; | |
| (c) for item 21 substitute– | ||
| " 21. On the making of an order under the Abolition of Feudal Tenure etc. (Scotland) Act 2000[5], the Land Reform (Scotland) Act 2003[6] or the Title Conditions (Scotland) Act 2003 | £88 plus 100 per cent of the cost of registering the order where the Tribunal is obliged to do so."; | |
| (d) for item 22 substitute– | ||
| For placing an advertisement in connection with applications under section 20 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and sections 90 and 91 of the Title Conditions (Scotland) Act 2003 | 100 per cent of the cost of the advertisement in an appropriate newspaper (charge is restricted to the cost of one advertisement irrespective of the number of advertisements placed)"; and | |
| (e) after item 22 insert– | ||
| " 23. On making representations as respects an application under section 90(1) or 91 of the Title Conditions (Scotland) Act 2003 | £25 | |
| 24. On a referral under section 102 of the Title Conditions (Scotland) Act 2003 | £150". | |
HUGH HENRY
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
3rd November 2004
EXPLANATORY NOTE
(This note does not form part of the Rules)
The Title Conditions (Scotland) Act 2003 introduces new procedures for application to the Lands Tribunal as respects title conditions and for referral to the Lands Tribunal of disputes over notices of preservation under section 50 and notices of converted servitude under section 80 of that Act. These rules set new fees in respect of applications and procedure at the Lands Tribunal in connection with these items.
Notes:
[1] 1949 c.42. Section 3 was amended by section 50(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) and by S.I. 1972/2002. The functions of the Lord Advocate were transferred to the Secretary of State for Scotland by the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 (S.I. 1999/678) and to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46); the requirement to obtain Treasury consent was removed by section 55 of that Act.
[2] 1992 c.53.
[3] S.I. 1971/218 as amended by the Lands Tribunal for Scotland (Amendment) (Fees) Rules 1996 (S.I. 1996/519) which substituted a new table of fees in Schedule 2 and by the Lands Tribunal for Scotland (Amendment) (Fees) Rules 2003 (S.S.I. 2003/521) which inserted an additional table of fees.
[4] 2003 asp 9.
[5] 2000 asp 5.
[6] 2003 asp 2.
Copyright 2005, The Lands Tribunal for Scotland
