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Conveyancing (Scotland) Act 1924
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Changes over time for: Section 46
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Conveyancing (Scotland) Act 1924, Section 46 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 46:
- s. 46(2) words substituted by 2007 asp 3 s. 48(2)(a)
- s. 46(3) inserted by 2007 asp 3 s. 48(2)(b)
46 Extract decree of reduction to be recorded. S
[F1(1)]In the case of the reduction of a deed, decree or instrument recorded in the Register of Sasines or forming a midcouple or link of title in a title recorded in the said register there shall be recorded in the said register either an extract of the decree of reduction of such deed, decree or instrument, or a title in which such extract decree forms a midcouple or link of title, and such decree of reduction shall not be pleadable against a third party who shall in bona fide onerously acquire right to the land, lease or heritable security contained in the deed, decree, or instrument reduced by such decree of reduction prior to an extract of such decree of reduction, or a title, in which it forms a midcouple or link of title, being recorded in the Register of Sasines.
[F2(2)[F3Subsection (1)] shall apply to the rectification of a document by an order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 as it applies to the reduction of a deed but with the substitution of any reference to the decree of reduction of the deed with a reference to the order rectifying the document.]
[F4(3)Where—
(a)an arbitral award orders the reduction of a deed or other document recorded in the Register of Sasines (or forming a midcouple or link of title in a title recorded in that Register), and
(b)the court orders that the award may be enforced in accordance with section 12 of the Arbitration (Scotland) Act 2010 (asp 1),
subsection (1) applies to the arbitral award as it applies to a decree of reduction of a deed recorded in the Register of Sasines.]
Textual Amendments
F1S. 46 is renumbered as s. 46(1) by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 61:1), s. 59, Sch. 2 para. 7
F2S. 46(2) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, 61:1), s. 59, Sch. 2 para. 7
F3Words in s. 46(2) substituted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 27(a), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)
F4S. 46(3) inserted (7.6.2010 for specified purposes) by Arbitration (Scotland) Act 2010 (asp 1), ss. 27(b), 35(2) (with ss. 30, 34, 36); S.S.I. 2010/195, art. 2 (with art. 3)
Modifications etc. (not altering text)
C1S. 46 amended by Conveyancing and Feudal Reform Act 1970 (c. 35), s. 41(2)
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