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Land Registration etc. (Scotland) Act 2012

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This is the original version (as it was originally enacted).

48Closure of Register of Sasines etc.

This section has no associated Explanatory Notes

(1)The recording of any of the following in the Register of Sasines has no effect—

(a)a disposition,

(b)a lease,

(c)an assignation of a lease,

(d)any other deed in so far as it relates to a registered plot of land or to a registered lease.

(2)The recording, on or after such day as is prescribed, of a standard security in the Register of Sasines has no effect.

(3)The recording, on or after such day as is prescribed, of a deed other than one mentioned in subsection (1) or (2) in the Register of Sasines has no effect.

(4)On and after the day prescribed under subsection (3), any deed the recording of which would, by virtue of that subsection, have no effect is (subject to the provisions of this Act) registrable in the Land Register.

(5)Where by virtue of this section the recording of a deed, disposition, lease, assignation or standard security in the Register of Sasines would have no effect, the Keeper is to reject any application to record it.

(6)Subsection (1)(a) is without prejudice to sections 4 (creation of real burden) and 75 (creation of positive servitude by writing: deed to be registered) of the Title Conditions (Scotland) Act 2003 (asp 9).

(7)Any day prescribed under subsection (2) or (3) is to be a day no earlier than the day subsection (3)(b) of section 27 is repealed by virtue of subsection (6) of that section.

(8)In subsections (2) and (3), “prescribed” means prescribed by the Scottish Ministers by order.

(9)An order under subsection (2) or (3) may make different provision for different areas.

(10)Before making an order under subsection (2) or (3), the Scottish Ministers must consult—

(a)the Keeper, and

(b)such other persons appearing to have an interest in the closure of the Register of Sasines to the recording of deeds as the Scottish Ministers consider appropriate.

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