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Land Registration etc. (Scotland) Act 2012

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This is the original version (as it was originally enacted).

113Interpretation

This section has no associated Explanatory Notes

(1)In this Act, unless the context otherwise requires—

  • 1995 Act” means the Requirements of Writing (Scotland) Act 1995 (c.7),

  • “advance notice” has the meaning given by section 56(1),

  • “application for registration” means an application under section 21 or 27,

  • “application record” has the meaning given by section 15,

  • “archive record” has the meaning given by section 14(1),

  • “the base map” has the meaning given by section 11(6),

  • “benefited property” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9),

  • “burdened property” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9),

  • “cadastral map” has the meaning given by section 11(1),

  • “cadastral unit” has the meaning given by section 12,

  • “date of application” (in relation to an application for registration) has the meaning given by section 36,

  • “date of registration” has the meaning given by 37(1),

  • “deed” means a document (and includes a decree which is registrable under an enactment),

  • “designation” includes—

    (a)

    where the person designated is not a natural person—

    (i)

    the legal system under which the person is incorporated or otherwise established,

    (ii)

    if a number has been allocated to the person under section 1066 of the Companies Act 2006 (c.46), that number, and

    (iii)

    any other identifier (whether or not a number) peculiar to the person, and

    (b)

    if the person designated has a right in land in a special capacity, a description of that capacity,

  • “the designated day” has the meaning given by section 122,

  • “enactment” includes—

    (a)

    an enactment comprised in, or in an instrument made under, this Act, and

    (b)

    a local and personal or private Act,

  • “existing title sheet” means a title sheet which is in existence immediately before the commencement of the designated day,

  • “flat” has the meaning given by section 29(1) of the Tenements (Scotland) Act 2004 (asp 11),

  • “flatted building” has the meaning given by section 16(4),

  • “heritable creditor” means the holder of a heritable security,

  • “heritable security” means—

    (a)

    a standard security, or

    (b)

    any other right in security over heritable property provided that it is not a right in security created as a floating charge,

  • “the Keeper” means the Keeper of the Registers of Scotland,

  • “land” includes—

    (a)

    buildings and other structures,

    (b)

    the seabed of the territorial sea of the United Kingdom adjacent to Scotland (including land within the ebb and flow of the tide at ordinary spring tides), and

    (c)

    other land covered with water,

  • “land register rules” means rules made under section 115(1),

  • “lease” includes sub-lease,

  • “lease title sheet” means a title sheet for a registered lease,

  • “personal real burden” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9),

  • “plot of land” has the meaning given by section 3(4) and (5),

  • “possession” includes civil possession (analogous expressions being construed accordingly),

  • “proprietor” means a person who has a valid completed title as proprietor to a plot of land,

  • “protected period” has the meaning given by section 58(3),

  • “the register” means the Land Register of Scotland,

  • “registrable deed” is to be construed in accordance with section 49,

  • “sharing plot” and “shared plot” are to be construed in accordance with section 17(3),

  • “tenement” has the meaning given by section 26 of the Tenements (Scotland) Act 2004 (asp 11),

  • “title condition” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9),

  • “title sheet record” has the meaning given by section 3(3).

(2)A deed on which an application under section 21 is based is “valid” for the purposes of this Act if—

(a)by the registration applied for, a right would be acquired, varied or extinguished, or

(b)the deed is certificatory of an acquisition, variation or extinction which has taken place.

(3)In relation to a lease title sheet, any reference in this Act—

(a)to a proprietor is (except in section 66) to be read as a reference to the tenant,

(b)to a proprietorship section is to be construed as a reference to a tenancy section, and

(c)to ownership in common is to be construed as a reference to tenancy in common.

(4)The Scottish Ministers may, by order, amend paragraph (b) of the definition of “designation” in subsection (1).

(5)Before making such an order, the Scottish Ministers must consult the Keeper.

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