Rules of Court
The procedures under which the Court operates are set out in The Rules of the Scottish Land Court Order 2014, SSI 2014 No. 229. The Scottish Statutory Instrument containing the Schedule of Rules can be seen at www.legislation.gov.uk/ssi/2014/229.
You may also download a copy of the Rules of Court from this web site in Portable Document Format (PDF). (40 pages, approx. 448 Kbytes.)
To view and print PDF files, you will need a PDF reader, such as the Adobe Reader. Adobe Reader is available free from the Adobe web site.
The Court has also issued a number of Practice Notes giving guidance to parties on how the Court would usually deal with some specific types of application, notably resumptions. (“Resuming” is the process by which a landlord can, with the Court’s approval, take land from a croft or from common grazings). The notes are available on this site as follows:
- Practice Note No. 1 offers general guidance relating to resumption applications.
- Practice Note No. 2 offers specific guidance relating to resumption of croft house sites.
- Practice Note No. 3 offers specific guidance relating to resumption of common grazings and the requirements for a Minute of Consent by the Grazings Committee.
- Practice Note No. 4 offers general guidance to Respondents on submitting Answers to resumption applications.
- Practice Note No. 5 offers specific guidance on the requirement for attachment of ground plans to Minutes of Consent and planning permission grants in resumption applications.
You can find further information on the Agricultural Holdings (Scotland) Act 1991, the Agricultural Holdings (Scotland) Act 2003, the Crofters (Scotland) Act 1993 and the Small Landholders Acts 1911 to 1932 in
- Law of Agricultural Holdings in Scotland by the Hon. Lord Gill;
- Agricultural Law in Scotland by Agnew of Lochnaw;
- Connell on the Agricultural Holdings (Scotland) Acts by Rennie and Agnew;
- Crofting Law by MacCuish and Flyn;
- Crofting Law by Agnew;
- Law of Small Holdings in Scotland by Scott.