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Abolition of Feudal Tenure etc. (Scotland) Act 2000

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45Circumstances where certain notices may be registered after appointed day

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(1)Subject to subsection (2) below, where—

(a)a notice submitted, before the appointed day, for registration under this Act, or an agreement so submitted for registration under section 19 of this Act, is rejected by the Keeper of the Registers of Scotland; but

(b)a court or the Lands Tribunal then determines that the notice or agreement is registrable,

the notice or agreement may, if not registered before the appointed day, be registered—

(i)within two months after the determination is made; but

(ii)before such date after the appointed day as the Scottish Ministers may by order prescribe,

and any notice or agreement registered under this subsection on or after the appointed day shall be treated as if it had been registered before that day.

(2)For the purposes of subsection (1) above, the application to the court, or to the Lands Tribunal, which has resulted in the determination shall require to have been made within such period as the Scottish Ministers may by order prescribe.

(3)In subsection (1)(b) above, “court” means any court having jurisdiction in questions of heritable right or title.

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