The Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014
| Year | 2014 |
2014No. 190
LAND REGISTRATION
The Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014
26thJune2014
8thDecember2014
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 64(1), 116(1) and 117(1) of the Land Registration etc. (Scotland) Act 2012( 1) ("the Land Registration Act"), section 81(1) of the Long Leases (Scotland) Act 2012( 2) ("the Long Leases Act") and all other powers enabling them to do so.
In accordance with section 64(2) of the Land Registration Act, the Scottish Ministers have consulted the Keeper of the Registers of Scotland.
In accordance with section 116(3)(e) and (4)(b) of the Land Registration Act and section 81(3) of the Long Leases Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1. (1) This Order may be cited as the Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014.
(2) It comes into force on 8th December 2014.
(3) In this Order, "the Land Registration Act" means the Land Registration etc. (Scotland) Act 2012.
Primary legislation
Amendment of the Prescription and Limitation (Scotland) Act 1973 and consequential repeal
2. (1) In Schedule 1 to the Prescription and Limitation (Scotland) Act 1973( 3) (obligations which, notwithstanding paragraph 1 of the Schedule, are not affected by prescriptive periods of 5 years under section 6 of that Act), in paragraph 2(e), for "to (aca)"( 4) substitute "to (ae)".
(2) In paragraph 18 of schedule 5 to the Land Registration Act (minor and consequential modification of the Prescription and Limitation (Scotland) Act 1973)-
(a) in sub-paragraph (6), for "sub-paragraph (ac)" substitute "sub-paragraph (aca)"; and(b) sub-paragraph (7)(a) is repealed.Amendment of the Requirements of Writing (Scotland) Act 1995
3. In the Requirements of Writing (Scotland) Act 1995( 5), in section 1 (writing required for certain contracts, obligations, trusts, conveyances and wills), subsections (2A) and (2B) are repealed.
Land Registration Act - advance notices for deeds in relation to registered leases
4. The application of Part 4 of the Land Registration Act is modified in relation to registered leases by the insertion in section 57(4)(a)(application for advance notice) after "relates to", of "a registered lease or"( 6).
Land Registration Act - shared and sharing leases
5. In schedule 1 to the Land Registration Act (registered leases tenanted in common)-
(a) in paragraph 7(b), for "that" substitute "the shared lease"; and(b) in paragraph 7(c), for "the shared lease title sheet" substitute "that title sheet".Land Registration Act - transitional provisions
6. In schedule 4 (transitional provisions) of the Land Registration Act, after paragraph 11 insert-
"Common areas: Sasine arrangements
11A. For the period beginning with the designated day and ending with the day before the date prescribed by an order under section 48(3)-
(a) section 7(1)(b) applies only to shares of proprietors whose right is registered,(b) in the case of ownership in common, section 8(1) applies only to heritable securities granted by a proprietor whose right is registered,(c) section 17(3)(b) applies to such of the plots of land mentioned in section 17(1)(a) as are registered,(d) section 27(2) applies also to a person whose right in the plot is registered only as proprietor of a share in the plot, and(e) section 48(1)(d) applies as if a registered plot of land means a registered share of a plot of land owned in common.Assignation of registered leases: Sasine arrangements
11B. For the period beginning with the designated day and ending with the day before the date prescribed by an order under section 48(3), for an application under section 21(1) to register an assignation of a registered lease where the subjects of the lease consist of or form part of an unregistered plot of land, the conditions in section 26...
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