Office of Public Sector Information
This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.
An Act to establish new tribunals to determine in place of official arbitrators and others certain questions relating to compensation for the compulsory acquisition of land and other matters, to amend the Acquisition of Land (Assessment of Compensation) Act 1919, with respect to the failure to deliver a notice of claim, and for purposes connected therewith.
[14th July 1949]
C1Act applied by Coast Protection Act 1949 (c. 74), s. 27(3)
I1Act partly in force at Royal Assent see s.10(2); Act wholly in force at 1.3.1971.
(1)There shall be set up, to exercise the jurisdiction hereafter mentioned in this Act, the following tribunals, namely—
(a)a tribunal for Scotland, to be called “the Lands Tribunal for Scotland”; and
(b)a tribunal for the remainder of the United Kingdom, to be called “the Lands Tribunal.”
(2)Except in so far as the context otherwise requires, references in this Act to the Lands Tribunal shall be taken, in relation to Scotland, as references to the Lands Tribunal for Scotland.
(3)There shall be referred to and determined by the Lands Tribunal—
(a)any question which is by any Act (including a local or private Act) directed, in whatever terms, to be determined by a person or one or more persons selected from either of the following panels, that is to say,—
(i)the panel of official arbitrators appointed under the Acquisition of Land Act; and
(ii)the panel of referees appointed under Part I of the M1Finance (1909-10) Act 1910;
or which is so directed to be determined in the absence of agreement to the contrary;
(b)any other question of disputed compensation under the Lands Clauses Acts, where the claim is for the injurious affection of any land . . . F1
(c)any question arising . . . F2 as to the apportionment mentioned in section one hundred and sixteen of the M2Lands Clauses Consolidation Act 1845, of any rent charge or other matter to which that section applies;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(e)any question on which, but for this provision, an appeal or reference to the county court would or might be made by virtue of section . . . F4, sixty-two or eighty-seven of the M3Local Government Act 1948.
[F5(3A)The Lands Tribunal for Scotland may also determine any appeal or complaint under the Valuation Acts (within the meaning of section 37(1) of the Local Government (Scotland) Act M41975) referred to it by a valuation appeal committee.
(3B)The jurisdiction conferred by subsection (3A) of this section includes power, in relation to an individual appeal or complaint, to decline with reason stated to proceed to determine it.
[F6(3BA)The Lands Tribunal for Scotland may also determine any appeal against the decision of a valuation appeal committee not to refer to the Tribunal any appeal or complaint made to the committee and, where the Tribunal upholds such an appeal, the appeal or complaint made to the committee shall, for the purposes of this section, be regarded as having been referred by the committee to the Tribunal for determination under subsection (3A) above.]
(3C)The provisions of the said Valuation Acts with regard to appeal to judges of the Court of Session shall, with any necessary modifications, apply in relation to determinations of the Lands Tribunal for Scotland under subsection (3A) of this section as they apply in relation to decisions of valuation appeal committees.
(3D)The Secretary of State may by order made by statutory instrument repeal or amend any enactment (including this Act) to the extent necessary to give full effect to this section.
(3E)A statutory instrument containing an order under subsection (3D) above shall have no effect until approved by resolution of each House of Parliament.]
(4)The Lands Tribunal shall also exercise—
(a)the jurisdiction conferred on the Authority under section eighty-four of the M5Law of Property Act 1925 (which relates to the discharge and modification of restrictive covenants); and
(b)any other jurisdiction conferred by any Act (including a local or private Act), or instrument made under any such Act, on a person or one or more persons selected as mentioned in paragraph (a) of the last foregoing subsection . . . F1
(5)The Lands Tribunal may also act as arbitrator under a reference by consent, and any agreement entered into before the commencement of this Act which provides for referring any matter to arbitration by a person or one or more persons selected as aforesaid shall, subject to any subsequent agreement, have effect as if it provided for referring the matter to arbitration by the Lands Tribunal.
(6)Where [F7any person] is or may be liable for any compensation falling to be determined under section fifty-eight or one hundred and six of the M6Lands Clauses Consolidation Act 1845 (which sections relate to the procedure in default of a claimant), the surveyor referred to in those sections, . . . F2 shall be selected as hereinafter mentioned from the members of the Lands Tribunal.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(8)In relation to the Lands Tribunal for Scotland this section shall have effect with the substitution—
(a)of references to sections fifty-seven, ninety-seven and one hundred and nine of the M7Lands Clauses Consolidation (Scotland) Act 1845, for the references to sections fifty-eight, one hundred and six and one hundred and sixteen respectively of the M8Lands Clauses Consolidation Act 1845; and
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
F1Words repealed by Land Compensation Act 1961 (c. 33), Sch 5; and Land Compensation (Scotland) Act 1963 (c.51), Sch. 4
F2Words repealed by Compulsory Purchase Act 1965 (c. 56), Sch. 8 Pt. III
F3S. 1(3)(d) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
F4Words repealed by General Rate Act 1967 (c. 9), s. 117, Sch. 14 Pt. I
F5S. 1(3A)–(3E) inserted (S.) by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 12(1)
F6S. 1(3BA) inserted (E.W.S.) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 145, Sch. 6 para. 1
F7Words substituted by Land Compensation Act 1961 (c. 33), Sch. 4 para. 8; and Land Compensation (Scotland) Act 1963 (c. 51), s. 46
F8Ss. 1(7), 3(7), 5, Sch. 1 repealed by Land Compensation Act 1961 (c. 33), Sch. 5 and Land Compensation (Scotland) Act 1963 (c. 51), Sch. 4
F9S. 1(8)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII
C1S. 1 extended by Coast Protection Act 1949 (c. 74), s. 24
C2S. 1(3A) excluded (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 82(5) (with s. 118(1)(2)(4)).
M11910 c. 8.
M21845 c. 18.
M31948 c. 26.
M41975 c.30 (81:2).
M51925 c. 20.
M61845 c. 18.
M71845 c. 19.
M81845 c. 18.
(1)The Lands Tribunal shall consist of a President and such number of other members as the Lord Chancellor may determine, to be appointed by the Lord Chancellor.
(2)The President shall be either a person who
[F1(a)]has held judicial office under the Crown (whether in the United Kingdom or not)
[F2(b)has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990; or
(c)is a member of the Bar of Northern Ireland of at least 7 years’ standing,], and of the other members of the Lands Tribunal such number as the Lord Chancellor may determine shall be [F3persons falling within paragraph (b) or (c) or solicitors of the Supreme Court of Northern Ireland of at least 7 years’ standing]and the others shall be persons who have had experience in the valuation of land appointed after consultation with the president of the Royal Institution of Chartered Surveyors.
(3)In the case of the temporary absence or inability to act of the President, the Lord Chancellor may appoint another member of the Lands Tribunal to act as deputy for the President, and a member so appointed shall, when so acting, have all the functions of the President.
(4)If a member of the Lands Tribunal becomes, in the opinion of the Lord Chancellor, unfit to continue in office or incapable of performing his duties, the Lord Chancellor shall forthwith declare his office to be vacant and shall notify the fact in such manner as he thinks fit, and thereupon the office shall become vacant.
(5)Subject to the last foregoing subsection, the appointment of a member of the Lands Tribunal shall be for such term as may be determined by the Lord Chancellor, with the approval of the Treasury, before his appointment, and shall be subject to such conditions as may be so determined, and a person who ceases to hold office as a member of the Lands Tribunal shall be eligible for re-appointment thereto.
[ F4(5A)No person shall be appointed a member of the Tribunal for a term which extends beyond the day on which he attains the age of seventy, except in accordance with section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]
(6)There may be paid to the members of the Lands Tribunal such remuneration, and such travelling and subsistence allowances, . . . F5, as the Lord Chancellor may, with the approval of the Treasury, determine.
(7)The Lord Chancellor may appoint such officers and servants of the Lands Tribunal as he may, with the approval of the Treasury as to numbers and remuneration, determine.
(8)The remuneration and allowances of members . . . F6of the Lands Tribunal, the remuneration of the officers and servants appointed by the Lord Chancellor, and such other expenses of the Lands Tribunal as the Treasury may determine, shall be defrayed out of moneys provided by Parliament.
(9)In relation to the Lands Tribunal for Scotland this section shall have effect [F7with the omission of subsection (8) and]with the substitution—
(a)of references to the Lord President of the Court of Session or, in subsections (5) to [F8(7)], to the Secretary of State for references to the Lord Chancellor;
[F9(b)for subsection (2), of the following subsection:—
“(2)The President shall be a person appearing to the Lord President of the Court of Session to be suitably qualified by the holding of judicial office or by experience as an advocate or solicitor, and of the other members of the Lands Tribunal such number as the Lord President of the Court of Session may determine shall be persons so qualified, and the others shall be persons who have had experience in the valuation of land appointed after consultation with the chairman of the Scottish Branch of the Royal Institution of Chartered Surveyors.”]
[F10(10)The remuneration of members of the Lands Tribunal for Scotland shall be charged on the Scottish Consolidated Fund.]
F1
“(a)” inserted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 7
F2Paras. (b) and (c) substituted for “or a barrister-at-law of at least seven years' standing” by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 7
F3Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 7
F4S. 2(5A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 31 (with s. 27, Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
F5Words repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 38(2), Sch. 4
F6Words repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), s. 38(2), Sch. 4
F7Words in s. 2(9) inserted (1.7.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 9(a)(i) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)
F8Words in s. 2(9)(a) substituted (1.7.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 9(a)(ii) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)
F9S. 2(9)(b) substituted for s. 2(9)(b)(c) by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 50(1)
F10S. 9(10) inserted (1.7.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 9(b) (with s. 126(3)-(11)); S.I. 1998/3178, art. 2(1)
C1S. 2(7): Functions of the Treasury now again exercisable by the Treasury: S.I. 1968/1656, arts. 2(1)(a), 3(2), 1981/1670, arts. 2(1)(a), 3(5)
C2S. 2(8): Certain functions of the Treasury transferred by S.I. 1968/1656, arts. 2(1)(a), 3(2) and now again exercisable by the Treasury by virtue of S.I. 1981/1670, arts. 2(1)(a), 3(5)
(1)Subject to the provisions of this Act, the jurisdiction of the Lands Tribunal may be exercised by any one or more of its members, and references in this Act to the Lands Tribunal shall be construed accordingly.
(2)The member or members who is or are to deal with any case shall be selected as follows:—
(a)the President may select a member or members to deal with a particular case or class or group of cases; or
(b)the President may select for a class or group of cases members from amongst whom a member or members to deal with any particular case shall be selected, and the selection from amongst those members of a member or members to deal with a particular case shall then be made either by the President or, if he so directs, by one of those members appointed by the President to be their chairman.
This subsection shall apply to the selection of a member of the Lands Tribunal for the purposes of subsection (6) of section one of this Act as if the case were one to be dealt with by the Lands Tribunal.
(3)Where a case is dealt with by two or more members of the Tribunal—
(a)if the President is one of them he shall preside at the hearing and, if he is not, one of them shall be nominated to preside at the hearing by the person selecting them to deal with the case;
(b)a decision shall be taken, in the event of a difference between the members dealing with the case, by the votes of the majority and, in the event of an equality of votes, the person presiding at the hearing shall be entitled to a second or casting vote.
(4)A decision of the Lands Tribunal shall be final:
Provided that any person aggrieved by the decision as being erroneous in point of law may, within such time as may be limited by rules of court, [F1in England and Wales appeal to the court and otherwise] require the tribunal to state and sign a case for the decision of the court and, where the decision of the Lands Tribunal is given on a review by way of appeal of the previous decision of another person, that person if dissatisfied with the decision of the Lands Tribunal shall be treated for this purpose as a person aggrieved thereby.
(5)Subject to the following provisions of this section, the Lands Tribunal may order that the costs of any proceedings before it incurred by any party shall be paid by any other party and may tax or settle the amount of any costs to be paid under any such order or direct in what manner they are to be taxed.
(6)Subject to the provisions of this Act, rules may be made for regulating proceedings before the Lands Tribunal and, subject to the approval of the Treasury, the fees chargeable in respect of those proceedings, and may in particular—
(a)make provision—
(i)as to the form in which any decision of the Tribunal is to be given, and as to the amendment of any such decision in pursuance of any directions which may be given by the court dealing with an appeal under this section;
(ii)as to the time within which any proceedings before the Tribunal are to be instituted;
(iii)as to the evidence which may be required or admitted in any such proceedings;
(b)provide for the Tribunal to [F2be assisted by] assessors when dealing with cases calling for special knowledge and, subject to the approval of the Treasury, for making payments to the assessors as part of the expenses of the Tribunal;
(c)apply in relation to the Tribunal any of the provisions of [F3Part I of the Arbitration Act 1996].
[F4(6A)It is hereby declared that this section authorises the making of rules which allow the Tribunal to determine cases without an oral hearing.
(6B)The rules shall require that the determination without an oral hearing of any disputed claim for compensation which—
(a)is payable in respect of a compulsory acquisition of land, or
(b)depends directly or indirectly on the value of any land,
shall require the consent of the person making the claim.
(6C)Where the Tribunal determine a case without an oral hearing, subsection (3) of this section shall apply subject to such modifications as may be prescribed by the rules.]
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(8)Where the Lands Tribunal acts as arbitrator, [F3Part I of the Arbitration Act 1996], shall apply only in so far as [F6it is] applied by rules made under this section.
(9)Subject to this Act, any rules made by the Reference Committee under the Acquisition of Land Act, or by the Reference Committee under the M1Finance (1909-10) Act 1910, which are in force immediately before the commencement of this Act shall, so far as they relate to matters with respect to which there is power to make rules under this section, have effect with any necessary modifications as if made in the exercise of that power; and any instrument prescribing the fees chargeable under either of the said Acts which is then in force shall also have effect as aforesaid.
Subject to this Act any reference to rules made by either of the said Committees or to any such instrument as aforesaid shall, unless the context otherwise requires, include a reference to the rules made or having effect under this section.
(10)Rules made under this section shall provide for preserving, so far as appears to the rule-making authority to be practicable, the effect of things done before the commencement of this Act in or for the purposes of the exercise of any jurisdiction transferred by this Act to the Lands Tribunal, and those rules may exclude the operation of this Act, in whole or in part, in relation to any proceedings pending at the commencement of this Act.
(11)Subject to the following subsection—
(a)the court referred to in subsection (4) of this section shall be the Court of Appeal;
(b)the rule-making authority for the purposes of this Act shall be the Lord Chancellor.
(12)In relation to the Lands Tribunal for Scotland, the following provisions shall have effect:—
[F7 [ F8(a)Subsection (4) of this section shall not apply;]
(b)for paragraph (c) of subsection (6) of this section there shall be substituted the following paragraph:—
“(c)provide for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths to witnesses, and for granting to any person such recovery of documents as might be granted by the Court of Sessions.”;
(c)any person who without reasonable excuse fails to comply with any requirement imposed by rules under this section in accordance with paragraph (c) of subsection (6) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F9level 3 on the standard scale] or imprisonment for a term not exceeding three months or both;
(d)any [F10extract of an order] of the Tribunal may be recorded for execution in the Books of Council and Session and shall be enforceable accordingly;
(e)the rule-making authority for the purposes of this Act shall be [F11The Lord Advocate]].
F1Words in s. 3(4) inserted (2.5.2000) by S.I. 2000/941, art. 2
F2Words substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 193, Sch. 33 para. 3(3)
F3S. 3(6)(c)(8): for the words “the Arbitration Acts 1889 to 1934” substitute “Part I of the Arbitration Act 1996” (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 6 (with s. 81(2)); S.I. 1996/3146, art. 3
F4S. 3(6A)–(6C) inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 193, Sch. 33 para. 3(2)
F5Ss. 1(7), 3(7), 5, Sch. 1 repealed by Land Compensation Act 1961 (c. 33), Sch. 5 and Land Compensation (Scotland) Act 1963 (c. 51), Sch. 4
F6Words substituted by virtue of Arbitration Act 1950 (c. 27), s. 44(3)
F7S. 3(12) (a)—(e) substituted for s. 3(12)(a)—(c) by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 50(2)
F8S. 3(12)(a): substitution of para. (a) continued (1.10.1992) by virtue of Tribunals and Inquiries Act 1992 (c. 53), ss. 18(3), 19(2).
F9Words substituted (S.) for “£50” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F10Words substituted retrospectively by Land Tenure Reform (Scotland) Act 1974 (c. 38), s. 19
F11Words substituted by S.I. 1972/2002, art 3(3)(c)
C1S. 3: functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch. (with art. 7)
C2S. 3 applied (with modification) (prosp.) by 2000 asp 5, ss. 21, 77(4)
C3S. 3(4) restricted (E.W.) (prosp.) by 2002 c. 15, ss. 175(10), 181
C4S. 3(4) excluded by Housing Act 1980 (c. 51, SIF 61), s. 142, Sch. 22 para. 3 (but Housing Act 1980 (c. 51) repealed (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 24)
C5S. 3(6) extended (E.W.) by Rights of Light Act 1959 (c. 56),s. 2(5)
P1S. 3: s. 3 power exercised by S.I. 1991/658.
For previous exercises of power see Index to Government Orders.
M11910 c. 8.
(1)His Majesty may by Order in Council direct that questions which are required or authorised by any Act (including a local or private Act), or instrument made under any such Act, to be determined by any statutory tribunal shall or may be determined instead by the Lands Tribunal if it appears to His Majesty—
(a)that the questions are appropriate for the Lands Tribunal as involving valuation of land or for other reasons; and
(b)that it is desirable to transfer the jurisdiction to determine those questions from the first-mentioned tribunal to the Lands Tribunal either—
(i)to promote uniformity of decision; or
(ii)to use economically the services of those having experience in the valuation of land or other special qualifications; or
(iii)to make possible the winding up of a statutory tribunal having little work to do.
(2)The foregoing subsection shall authorise a transfer of the jurisdiction conferred on a statutory tribunal by or under an Act passed after this Act unless that Act contains a direction to the contrary:
Provided that where the jurisdiction is first conferred on the tribunal by or under an Act so passed sub-paragraphs (i) and (ii) of paragraph (b) of the foregoing subsection shall not apply.
(3)An Order in Council under this section may contain such supplementary and consequential provisions as appear to His Majesty to be expedient, and any such provisions may be revoked or varied by a subsequent Order in Council or, if the Order in Council so provides, by rules made under this Act.
(4)Without prejudice to the generality of the last foregoing subsection, the provisions thereby authorised to be contained in an Order in Council shall include provisions for the following purposes, that is to say—
(a)making decisions of the Lands Tribunal in the exercise of the jurisdiction transferred enforceable in the same way as those of the statutory tribunal from which the jurisdiction is transferred;
(b)making special provision as to the selection of members to deal with a case and as to their sitting with assessors;
(c)applying with or without modifications to the exercise of that jurisdiction by the Lands Tribunal, or repealing, any provisions as to procedure which governed its exercise by the said statutory tribunal;
(d)preserving the effect of things done in or for the purpose of the exercise of that jurisdiction by the said statutory tribunal.
(5)Where the Lands Tribunal is exercising a jurisdiction transferred to it by virtue of this section, section three of this Act shall have effect subject to the provisions of any Order in Council under this section with respect to that jurisdiction.
(6)Any Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7)In this section the expression “statutory tribunal” means any Government department, authority or person entrusted with the judicial determination as arbitrator or otherwise of questions arising under an Act of Parliament, except that the expression does not include—
(a)any of the ordinary courts of law or a tribunal consisting of one or more judges of any of those courts; or
(b)an arbitrator unless the person to act as arbitrator is designated, or is to be selected from a class or group of persons designated, by the Act or instrument requiring or authorising arbitration.
Lands Tribunal Act 1949