Public Registers and Records (Scotland) Act 1948
| Jurisdiction | UK Non-devolved |
Public Registers and Records (Scotland) Act, 1948
(11 & 12 Geo. 6.) CHAPTER 57.
An Act to provide for the appointment of a Keeper of the Registers of Scotland and of a Keeper of the Records of Scotland, the transference to such Keepers of the powers and duties of the Keeper of the Registers and Records of Scotland and the discontinuance of that office; to amend the law and procedure regarding registration in the General Register of Sasines and for purposes connected with the aforesaid purposes.
[30th July 1948]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Substitution of a Keeper of the Registers and a Keeper of the Records for the Keeper of the Registers and Records of Scotland.
(1) It shall be lawful for the Secretary of State with the consent of the Lord President of the Court of Session to appoint (a ) a Keeper of the Registers of Scotland, and (b ) a Keeper of the Records of Scotland, and on such appointments being made the office of Keeper of the Registers and Records of Scotland shall cease to exist.
(2) There shall be transferred to and vested in the Keeper of the Registers of Scotland the whole functions of the Keeper of the Registers and Records of Scotland with regard to the framing of the General Register of Sasines, the Register of Homings, the Register of Inhibitions and Adjudications, the Register of Entails and the Register of Deeds, together with the powers and duties transferred to the said Keeper from the Director of Chancery under section seven of the Reorganisation of Offices (Scotland) Act, 1928.
(3) There shall be transferred to and vested in the Keeper of the Records of Scotland, the whole functions of the Keeper of the Registers and Records of Scotland with regard to the preservation of the public registers, records and rolls of Scotland.
(4) The Secretary of State may, to such number as the Treasury may sanction, appoint such officers and servants as he may deem necessary to enable each of the Keepers appointed under this section to perform the functions vested in him, and the persons employed at the date when this section comes into operation in the office of the Keeper of the Registers and Records of Scotland shall, subject to any direction of the Secretary of State, be transferred and attached—
(a ) in the case where they were employed at the said date in connection with functions transferred under subsection (2) of this section, to the Keeper of the Registers of Scotland; and
(b ) in any other case, to the Keeper of the Records of Scotland,
and the persons so transferred and attached shall perform such duties in relation to the functions transferred to the said Keepers as the Secretary of State may direct.
(5) There shall be paid out of moneys provided by Parliament to each of the Keepers appointed under this section, and to the officers and servants appointed or transferred under subsection (4) of this section, such remuneration as the Treasury may, on the application of the Secretary of State, from time to time determine.
(6) In the event of a vacancy in the office of either of the Keepers appointed under this section or in the absence of either of them from any cause his functions shall be performed by such member of his staff or such other person as may be authorised by the Secretary of State.
(7) Any reference in any enactment to the Keeper of the General Register of Sasines shall be construed as a reference to the Keeper of the Registers of Scotland, and any reference in any enactment to the Keeper of the Registers and Records of Scotland shall be construed as a reference to the Keeper of the Registers of Scotland or to the Keeper of the Records of Scotland according as the enactment relates to the functions specified in subsection (2) or in subsection (3) of this section.
(8) This section shall come into operation on the first day of the month next succeeding the expiry of three months from the passing of this Act.
To continue reading
Request your trial