Commentary on Sections Appeals and references Section 71 – Reference to Lands Tribunal of questions on applications
370.Section 71 sets out rights to refer questions relating to the Part 5 application to the Lands Tribunal.
371.Subsection (1) identifies the persons that can refer a question on application to the Lands Tribunal.
372.Subsection (2) identifies the persons whose representations the Lands Tribunal may consider in determining a reference.
373.Subsection (3) provides that the Lands Tribunal must inform Ministers of its findings on any of the questions referred to it and may, by order, provide for Ministers to consent to an application only if they impose certain conditions under section 59, as directed by the Lands Tribunal.
374.Subsection (4) provides that, if the Lands Tribunal finds that the question on the application is not relevant to the Ministers’ decision, the Lands Tribunal may decide not to consider the question further and find accordingly.
375.Subsection (5) provides that the person referring a question to the Lands Tribunal must notify the Scottish Ministers of the reference and the date of reference within seven days of referring it.
376.Subsection (6) provides that failure to comply with subsections (3)(a) or (5) has no effect on the validity of the application, the right to buy or the validity of the reference under this section.