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Land Registration etc. (Scotland) Act 2012

Offence

Section 112: Offence relating to applications for registration

248.Subsection (1) provides that it is an offence for any party submitting an application to the Keeper knowingly or recklessly to include materially false or misleading statements or to fail to disclose material information in such an application. The offence does not strike at an error in an application for registration that is genuine and not knowing or reckless. Subsection (2) makes it clear that the offence can apply to both applicants for registration and their solicitors.

249.The effect of the defence in subsections (3) and (4) is that a person will not commit an offence under this section if they give the Keeper information in good faith having taken all reasonable precautions.

250.Subsections (6) to (8) mean a person may only rely on the defence in subsection (2) if they have given the prosecutor prior notice or if the court grants leave.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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