Part 6General and miscellaneous

Notices etc.

78Certain documents registrable despite initial rejection

I21

This section applies where one of the following is rejected by the Keeper—

a

a notice submitted before the appointed day for registration under section 8(2) or Part 2,

b

an agreement submitted before the appointed day for registration under section 17(1)(c),

c

an exemption notice submitted before the day falling 2 months before the appointed day for registration under section 63, or

d

an agreement submitted before the day falling 2 months before the appointed day for registration under section 64(1)(c).

I2C12

Where a court or the Lands Tribunal determines the notice or agreement is registrable, it may be registered not later than the day falling 2 months after the day on which the court or the Lands Tribunal made the determination.

I23

An exemption notice or an agreement mentioned in subsection (1)(d) which is registered under subsection (2) on or after the day falling 2 months before the appointed day is to be treated as if it had been registered before that day.

I24

Any other notice or agreement which is registered under subsection (2) on or after the appointed day is to be treated as if it had been registered before the appointed day.

I15

The Scottish Ministers may by order—

a

specify a date after which (or a period after the expiry of which) notices and agreements cannot be registered under subsection (2),

b

provide that subsection (2) applies only where the application to the court or to the Lands Tribunal which resulted in the determination is made within such period as the order may specify.

I16

In this section, “court” means Court of Session or sheriff.