The Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the purposes of the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”).

Article 2 amends the 5-year negative prescriptive period for obligations relating to land in the Prescription and Limitation (Scotland) Act 1973, with consequential repeal in schedule 5 to the 2012 Act, for the purposes of, in consequence of, or for giving full effect to the provisions on compensation in the 2012 Act and in connection with the Long Leases (Scotland) Act 2012.

Article 3 repeals section 1(2A) and (2B) of the Requirements of Writing (Scotland) Act 1995 to remove provisions relating to the registration of electronic documents in the Automated Registration of Title to Land system operated by the Keeper of the Registers of Scotland, in consequence of their replacement by section 99 of the 2012 Act (and other provisions of Part 10 of the 2012 Act).

Article 4 modifies the procedure to make advance notices for leases registered in the Land Register of Scotland registrable in the land register, in accordance with the power in section 64 of the 2012 Act to modify the application of Part 4 in relation to specified deeds.

Article 5 makes a minor correction to the 2012 Act to clarify the entries in the title sheets for shared and sharing leases, in line with the provision for shared and sharing plots in sections 18 and 20 of the 2012 Act.

Article 6 makes provision transitional upon the closing to new deeds of the Register of Sasines. They provide firstly for the treatment of land owned in common where the plot is registered yet some of the rights of the proprietors are not registered; and secondly for the registration of an assignation of a registered lease where the subjects of the lease are not registered.

Article 7 and the Schedule make consequential amendments to the Register of Sasines (Application Procedure) Rules 2004 to update those rules for the 2012 Act and insert provisions for application forms for advance notices and discharges of advance notices.

Article 8 makes consequential amendments to the Crofting Register (Transfer of Ownership) (Scotland) Regulations 2012 to make the terms used to describe a transfer to land registered in the Land Register consistent with the 2012 Act and to take account of the operation of section 48 of that Act.