Explanatory note

These Rules amend the Lands Tribunal for Scotland Rules 2003 (“the 2003 Rules”). The changes make provision in relation to applications to the Lands Tribunal for Scotland (“the Lands Tribunal”) for the variation, discharge or preservation of rules of a development management scheme made under the provisions of the Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 (“the 2009 Order”).

Rule 3 amends the interpretation provisions in rule 2 of the 2003 Rules.

Rule 4 inserts a new rule 5A which makes provision relating to the evidence to be provided to the Lands Tribunal when making an application for a certificate under article 9(4) of the 2009 Order.

Article 24 of the 2009 Order makes equivalent provision for applications under that Order as section 93 of the Title Conditions (Scotland) Act 2003 does for applications under sections 90 and 91 of that Act and rule 5 amends rule 13 of the 2003 Rules accordingly.

Rule 6 extends the application of rule 21 of the 2003 Order, which enables the Lands Tribunal to allow persons to become parties to proceedings before it, to proceedings arising from applications made under the 2009 Order.

Rule 7 amends rule 28 of the 2003 Rules to ensure that questions of expenses in relation to applications made under the 2009 Order are dealt with in accordance with article 29 of that Order.