Commentary on Sections Resolution of Disputes Section 6 – Application to sheriff for order resolving certain disputes
46.This section gives the sheriff powers to make orders relating to the proper operation of the particular management scheme affecting a tenement or the provisions of the Act. Section 27defines “management scheme”. This could be the burdens in the title deeds, the Tenement Management Scheme or a combination of the burdens and the individual rules of the Tenement Management Scheme. The provisions of section 6 will not apply, however, where the development management scheme has been applied to a tenement under the Title Conditions Act. Subsection (1) provides that an owner may (by summary application) apply to the sheriff court for an order concerning any matter relating to the operation of the management scheme applying to a particular tenement, or any provision in the Act as it applies in relation to the tenement.
47.Under subsection (2) the sheriff may grant the order sought or any other order as the sheriff may think necessary or expedient.
48.Subsection (3) explains that any party to a dispute may appeal to the Court of Session on a point of law. They must do so within 14 days of the date of an order made under subsection (3)or within 14 days of the date of an interlocutor dismissing an application. The decision of the Court of Session will be final under subsection (4).