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Title Conditions (Scotland) Act 2003

Schedule 15: Repeals

570.This schedule deals with the repeals that are made necessary or possible as a result of the reform of the law of real burdens and related reforms.

Registration Act 1617.

571.References to reversions and regresses are removed in consequence of the repeal of the Reversion Act 1469 by section 89 of the Act.

Redemptions Act 1661.

572.The Act is wholly obsolete and is repealed with the repeal of the Reversion Act 1469 by section 89 of the Act.

Registration of Leases (Scotland) Act 1857: section 3.

573.Section 3(5) falls in consequence of the repeal of section 32 of the Conveyancing (Scotland) Act 1874 and section 17 of the Land Registration (Scotland) Act 1979 by this schedule.

Conveyancing (Scotland) Act 1874: section 32 and Schedule H

574.The first half of section 32 repeats a power that is already available at common law. The second half of section 32 (which permits the creation of a real burden in a deed of conditions) is repealed in consequence of section 4(2) of the Act. In future it will be possible to create a real burden using any deed which satisfies the conditions set out in section 4(2).

Conveyancing (Scotland) Act 1924.  Section 9, Schedule E.

575.This section, which exempts heritable securities from having to contain burdens and provides a mechanism for other cases where burdens have been omitted, is repealed as a result of section 68 of the Act.

576.Section 40(3), which enables a heritable creditor to create real burdens by using a deed of conditions under section 32 of the Conveyancing (Scotland) Act 1874, is repealed following the repeal of section 32 itself. See also the note to paragraph 3 of schedule 13.

577.The repeal in schedule B is consequential on the repeal by this schedule of section 32 and schedule H of the Conveyancing (Scotland) Act 1874.

578.Schedule O: warrants of registration will in terms of section 5(1) of the 2000 Act no longer be required.

Church of Scotland (Property and Endowments) Act 1925: section 22.

579.This repeal should be read with section 85 of the Act.

Church of Scotland (Property and Endowments)(Amendment) Act 1933 (c.24)

580.This repeal is to allow the order to be made under section 108 to make provisions relating to the setting and determination of price.

Conveyancing Amendment (Scotland) Act 1938: section 9.

581.This section, which limits the effect of certain rights of pre-emption, is replaced by section 84 of the Act.

Conveyancing and Feudal Reform (Scotland) Act 1970.

582.Sections 1, 2 and 7, schedule 1. Part 8 of the Act introduces a revised jurisdiction for the Lands Tribunal in relation to the discharge of real burdens, servitudes and other title conditions in place of the jurisdiction conferred by the provisions here repealed.

583.Section 53. The definition in section 53(4) is repealed in consequence of the repeal of those sections of the 1970 Act where the term ‘prescribed’ is found, namely section 2 (by this schedule) and section 4 (by schedule 13 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000).

Land Tenure Reform (Scotland) Act 1974: section 19.

584.This repeal is in consequence of the repeal, by this schedule, of section 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970.

Land Registration (Scotland) Act 1979.

585.Paragraph (a) of section 15(2) lists a number of provisions. Its repeal is consequential on the repeal, by this Act, of those provisions (Paragraph (a) is amended, prospectively, by schedule 12 paragraph 39(6)(a) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, but that amendment now falls).

586.Section 17 provides that, except where the deed says otherwise, a deed of conditions under section 32 of the Conveyancing (Scotland) Act 1874 takes effect immediately on registration. It falls in consequence of the repeal of section 32 by this schedule.

587.Section 18, concerning the effect of registration of a discharge etc, is replaced by sections 15 and 48 of the Act.

Aviation Security Act 1982: Schedule 1.

588.This repeal is consequential on the abolition of feuduties and ground annuals by Part 3 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000.

Housing (Scotland) Act 1987: section 72

589.This repeal is consequential on the abolition of pecuniary real burdens by section 117 of the Act.

Aviation and Maritime Security Act 1990: section 2.

590.This repeal is consequential on the abolition of feuduties and ground annuals by Part 3 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000.

Enterprise and New Towns (Scotland) Act 1990: section 32.

591.This repeal is consequential on the amendments made to the Act by section 113 of the Act.

Further and Higher Education (Scotland) Act 1992: Schedule 3.

592.This repeal is consequential on the abolition of feuduties and stipends by Part 3 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000.

Requirements of Writing (Scotland) Act 1995: section 13(2).

593.The section is repealed as it referred to section 78 of the Titles to Land Consolidation (Scotland) Act 1868, which is to be repealed by the 2000 Act.

Abolition of Feudal Tenure etc. (Scotland) Act 2000

594.The repeal of provisions in this Act comes into force on the day after Royal Assent (section 129(4)).

595.The reference in section 17(1) falls with the repeal of section 23 of the Act.

596.Section 20(8)(b) and (c) are unnecessary because of the extinguishing of feudal burdens by section 17(1) of the 2000 Act.

597.Section 23 is replaced by section 56 of the Act.

598.Section 24: The reference falls with the repeal of section 23 of the Act.

599.Section 26 is replaced by section 38 of the Act.

600.Section 28: The reference falls in consequence of the repeal of section 31 of the Act.

601.Section 29 is replaced by section 39 of the Act.

602.Section 30 is replaced by section 41 of the Act.

603.Section 31 is replaced by section 42 of the Act.

604.Section 32 is replaced by section 38(3) of the Act.

605.Section 49: This definition is replaced by subsection (9) of new section 65A of the 2000 Act as inserted by section 114 of the Act.

606.Section 60(2) is replaced by section 44(2) of the Act.

607.Section 77: This is consequential on the repeal, by this schedule, of section 15(2)(a) of the Land Registration (Scotland) Act 1979 and schedule 12 paragraph 39(6) of the 2000 Act.

608.Schedule 8: The words repealed would not have been a possible outcome of sections 27 and 28 of the 2000 Act.

609.Schedule 12 to the 2000 Act contains minor and consequential amendments resulting from feudal abolition and the other reforms dealt with in the Act. As the Act now replaces and (in this schedule) repeals some of the provisions referred to in schedule 12, the relevant paragraphs of schedule12 fall to be repealed in turn. Of the repeals listed, only the following do not come into the category just described:

  • Paragraph 7(6): As section 14 of the Land Registers (Scotland) Act 1868 does not relate to entails it should not cease to have effect.

  • Paragraph 9(4)(d)(ii): This is a minor drafting change.

  • Paragraph 30(6)(d)(ii): The words repealed are replaced by paragraph 4 of schedule 13 to the Act.

  • Paragraph 39(3)(c): The words repealed are replaced by paragraph 7(3) of schedule 13 to the Act.

  • Paragraph 39(6)(b): The words repealed are replaced by paragraph 7(5) of schedule 13 to the Act.

610.Schedule 13 to the 2000 Act contains repeals resulting from feudal abolition and the other reforms dealt with in the Act. As the Act now replaces and (in this schedule) repeals some of the provisions referred to in schedule 13, the relevant parts of schedule 13 fall to be repealed in turn. The only repeal not falling into this category is of words in section 3(6) of the Land Registration (Scotland) Act 1979. Section 3(6) is not repealed by the Act but it is re-cast by schedule 13 paragraph 7(3) in a way which supersedes the original repeal.

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