OpenLegislation

Section 184 Reference of objection to Lands Tribunal.C3C1

Scotland

(1)

Where a counter-notice has been served under section 183 of this Act objecting to a blight notice, the claimant, at any time before the end of the period of two months beginning with the date of service of the counter-notice, may require the objection to be referred to the Lands Tribunal.

(2)

On any such reference, if the objection is not withdrawn, the Lands Tribunal shall consider the matters set out in the notice served by the claimant and the grounds of the objection specified in the counter-notice; and, subject to subsection (3) of this section, unless it is shown to the satisfaction of the Tribunal that the objection is not well-founded, the Tribunal shall uphold the objection.

(3)

An objection on the grounds mentioned in section 183(2)

(b), (c) or (d) of this Act shall not be upheld by the Tribunal unless it is shown to the satisfaction of the Tribunal that the objection is well-founded.

(4)

If the Tribunal determines not to uphold the objection, the Tribunal shall declare that the notice to which the counter-notice relates is a valid notice.

C2(5)

If the Tribunal upholds the objection, but only on the grounds mentioned in section 183(2)(c) of this Act, the Tribunal shall declare that the notice is a valid notice in relation to the part of the hereditament or (in the case of an agricultural unit) of the affected area specified in the counter-notice as being the part which the appropriate authority propose to acquire as therein mentioned, but not in relation to any other part of the hereditament or affected area.

(6)

In any case falling within subsection (4) or subsection (5) of this section, the Tribunal shall give directions specifying the date on which notice to treat F1or, in a case where the claimant is a crofter or cottar, notice of entry (as mentioned in section 185 of this Act) is to be deemed to have been served.

Annotations

Textual amendments

F1

Words inserted by Crofting Reform (Scotland) Act 1976 (c. 21), s. 11, Sch. 1 para. 2

Modifications

C1

S. 184 extended by Land Compensation (Scotland) Act 1973 (c. 56), ss. 64(6), 73(1), 77(5); amended by Land Compensation (Scotland) Act 1973 (c. 56), s. 77(4)

C2

S. 184(5) excluded by Land Compensation (Scotland) Act 1973 (c. 56), s. 75(7)

C3

Ss. 181–196 modified by Local Government, Planning and Land Act 1980 (c. 65), s. 147(3)

Notes on the whole Act

Textual amendments

F1

Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)