Explanatory note

These Regulations provide for the procedure by and manner in which compensation for loss or expense may be claimed by any person (other than a community body) from the Scottish Ministers under section 63 of the Land Reform (Scotland) Act 2003 (“the Act”). Such compensation is payable where loss or expense has been incurred (a) in complying with the procedure or requirements of Part 2 of the Act, (b) as a result of failure by a community body to comply with an order of the Lands Tribunal under section 57 of the Act, (c) in complying with a prohibition imposed under section 37(6)(c) of the Act or (d) as a result of the operation of paragraph (a) or (b) of section 56(3) of the Act.

Regulation 2 provides that a claim for compensation must be made within the time limits set out in Regulation 3. Regulation 3 sets out varying time limits depending on which paragraph of section 63(1) of the Act the claim is made under. If the claim is made under more than one paragraph, Regulation 3(5) provides that the 90 day period runs from the latest date specified in a paragraph which is relevant to the claim. Regulation 4 requires that the claim includes a statement detailing under which paragraph or paragraphs of section 63(1) of the Act the loss or expense falls, and that losses and expenses require to be fully vouched. Regulation 5 provides that Scottish Ministers shall determine the amount of compensation payable within a period of 40 days of submission of the claim, and their decision may be appealed to the Lands Tribunal under section 64 of the Act.