Land Registration etc. (Scotland) Act 2012 (asp 5)

Part 3 S Competence and effect of registration

Specific provisions on competence and effect of registration S

55 Registration of order for rectification of document etc. S

(1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73) is amended as follows.

(2) In section 8 (rectification of defectively expressed documents)—

(a) in subsection (3), after “made to it” insert “ and in either case after calling all parties who appear to it to have an interest ”,

(b) after that subsection insert—

“(3A) If a document is registered in the Land Register of Scotland in favour of a person acting in good faith then, unless the person consents to rectification of the document, it is not competent to order its rectification under subsection (3) above.”,

(c) in subsection (4), for “section 9(4)” substitute “ sections 8A and 9(4) ”.

(3) After section 8 insert—

“8A Registration of order for rectification

An order for rectification made under section 8 of this Act in respect of a document which has been registered in the Land Register of Scotland—

(a) may be registered in that register, and

(b) does not have real effect until so registered.”.

(4) In section 9 (provisions supplementary to section 8: protection of other interest)—

(a) in subsection (2)—

(i) for “subsection (3)” substitute “ subsections (2A) and (3) ”,

(ii) repeal “or on the title sheet of an interest in land registered in the Land Register of Scotland being an interest to which the document relates”,

(b) after that subsection insert—

“(2A) This section does not apply where the document to be rectified is a deed registered in the Land Register of Scotland.”,

(c) in subsection (3)—

(i) in paragraph (a), repeal “or (as the case may be) the title sheet”,

(ii) in paragraph (b), repeal “or on the title sheet”,

(d) subsection (6) is repealed.

Commencement Information

I1 S. 55 in force at 8.12.2014 by S.S.I. 2014/127, art. 2