Article 2
1. The Lands Clauses Consolidation (Scotland) Act 1845(1) shall be amended in accordance with paragraph 2.
2. In Schedule A (form of conveyance) after the second “convey” insert–
“Registration of this conveyance shall not extinguish the following real burdens [or, as the case may be, servitudes, or shall not disapply the development management scheme applied by] [Here set out in full, or refer to a deed setting out in full in such a way as to identify them, any real burdens or servitudes which are not to be extinguished by virtue of the exception to section 107(1) of the Title Conditions (Scotland) Act 2003, or, as the case may be, identify by reference to its deed of application any development management scheme which is not to be disapplied by virtue of that exception.]”.
3. The Abolition of Feudal Tenure etc. (Scotland) Act 2000(2) shall be amended in accordance with paragraphs 4 and 5.
4. In section 20 (reallotment of real burden by order of Lands Tribunal)–
(a)in subsection (3) omit–
“and section 17(1) of this Act shall have no effect as regards a real burden in respect of which such a notice has been so executed and registered"”; and
(b)at the end of subsection (7) add–
“or
(b)the Lands Tribunal is not so satisfied, it may make an order refusing the application.”
5. In section 77(2)(a) (commencement) omit “32,”.
6. The Title Conditions (Scotland) Act 2003(3) shall be amended in accordance with paragraphs 7 to 15.
7. In section 4(7) (creation) after “90(8)” insert “and (8A)”.
8. In section 37(2)(b) (preservation of community burden) after “set out” insert “or referred to”.
9. In section 90 (power of Lands Tribunal as respects title conditions)–
(a)in subsection (6) omit “, renewing”;
(b)in subsection (7)(a) at the end add–
“or variation;”; and
(c)after subsection (8) insert–
“(8A) An order disapplying the development management scheme shall, where the deed of application makes such provision as is mentioned in section 73(2) of this Act, impose the real burdens in question.”
10. In section 99(4)(a) (granting applications as respects development management schemes) after “scheme” insert–
“or a real burden imposed by the deed of disapplication”.
11. In section 104(3) (taking effect of orders of Lands Tribunal)–
(a)after “scheme” insert–
“whether or not it imposes new burdens”;
(b)after “preserved” insert–
“and the burdens imposed”.
12. In section 106 (extinction of real burdens and servitudes etc. on compulsory acquisition of land)–
(a)in subsection (1) after “order” insert–
“to which this section applies”
(b)after subsection (4) insert–
“(4A) This section applies to a compulsory purchase order in respect of which notice is given under–
(a)paragraph 3 of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) on or after the day on which section 109; or
(b)paragraph 2 of Schedule 5 to the Forestry Act 1967 (c. 10) on or after the day on which section 110,
of this Act comes into force.”
13. In section 109 (amendment of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947)–
(a)in subsection (3), in inserted sub-paragraph 3A(c), after “notice” omit “to the burdened property and”;
(b)in subsection (3), in inserted paragraph 3B, after—
(i)“paragraph 3A(c) above” insert “(including that paragraph as it is applied by paragraph 6A below in relation to service of a notice under paragraph 6 below)”;
(ii)after “paragraph 3(b) above” insert “or, as the case may be, paragraph 6 below”;
(c)after subsection (4) insert–
“(4A) In paragraph 6 (which requires an acquiring authority to notify certain persons that a compulsory purchase order has been confirmed) the words “and a copy of the order as confirmed” shall be omitted.
(4B) After paragraph 6 there shall be inserted–
“6A. Paragraph 3A above applies in relation to service of a notice under paragraph 6 above on any persons on whom notices with respect to the land were required to be served under heads (ii) and (iii) of paragraph 3(b) above as it applies in relation to service of a notice under those heads of the said paragraph 3(b).
6B. Where a notice–
(a)is required by paragraph 6 above to be served on any person mentioned in heads (ii) and (iii) of paragraph 3(b) above and service is by sending as mentioned in paragraph 3A(a) above, the acquiring authority shall send with the notice a copy of the order as confirmed;
(b)is required by the said paragraph 6 to be served on any person mentioned in heads (i) and (iv) of the said paragraph 3(b), the acquiring authority shall serve with the notice a copy of that order.
6C. In paragraph 6B(a) above, the requirement to send a copy of the order shall be construed in accordance with section 124 of the Title Conditions (Scotland) Act 2003 (asp 9) and as if what was being done was being done under that Act.””.
(d)in subsection (5) for “6A” substitute “6D”.
14. In section 110 (amendment of Forestry Act 1967) in subsection (2), in inserted sub-paragraph 1B(c), after “notice” omit “to the burdened property and”.
15. In section 122(1) (interpretation) in the definition of “holder” at the end add–
“but does not include a person who has title to enforce it only by virtue of any of paragraphs (a), (b) and (c) of section 8(2) of this Act”.
16.—(1) The Housing (Forms) (Scotland) Regulations 1974(4) are amended as follows.
(2) In Form 43 set out in the Schedule to the Regulations (form of compulsory purchase order for a housing action area for demolition)–
(a)after article 4 insert–
“6A[5. The registration of a conveyance, as defined in section 106(5) of the Title Conditions (Scotland) Act 2003, in implement of this order [shall not extinguish the real burdens and servitudes] [shall not disapply the development management scheme] described in the [Part III of the] Schedule hereto [but shall vary the real burdens and servitudes as specified in that Schedule] [but shall extinguish all rights to enforce such real burdens or servitudes other than the rights of those benefited proprietors and holders of personal real burdens specified in that Schedule] [shall extinguish the real burdens and servitudes described in [Part III of] the Schedule hereto only in relation to those parts of the burdened property specified in that [Part of the] Schedule.]”;
(b)after Part II of the Schedule to Form 43 insert–
“*[Part III – Effect of order on real burdens and servitudes/development management scheme.]
| Number on Map | Address of property | *[Preservation/variation of [rights to enforce] real burdens or servitudes] [Preservation of development management scheme.]9 |
| (1) | (2)”; |
(c)after note 6 of the notes for guidance in completing Form 43 insert–
“6A. If the order is to provide that real burdens or servitudes affecting the land to be acquired are not to be extinguished or are to be varied or the development management scheme disapplied on registration of a conveyance in implement of the order this should be specified in the Schedule to the order and paragraph 5 should be included in appropriate form.”;
(d)after note 8 of the notes for guidance in completing Form 43 insert–
“9. Where the order makes provision in accordance with section 106 of the Title Conditions (Scotland) Act 2003 that real burdens or servitudes are not to be extinguished or any development management scheme is not to be disapplied, describe the effect of such provisions.”.
(3) In Form 44 set out in the Schedule to the Regulations (form of advertisement of the making of a compulsory purchase order for a housing action area for demolition)–
(a)at the end of the second paragraph insert–
“3AIf the order is confirmed, a conveyance registered in implement of the order may *[vary or extinguish rights to enforce real burdens and servitudes affecting the land] *[disapply a development management scheme affecting the land]”;
(b)after note 3 of the notes for guidance in completing Form 44 insert–
“3A. Include these words in appropriate form where the order may vary or extinguish rights to enforce real burdens or servitudes or may disapply a development management scheme.”.
(4) In Form 45 set out in the Schedule to the Regulations (form of notice to owners, lessees and occupiers of the making of a compulsory purchase order for a housing action area for demolition)–
(a)for the words “owners, lessees and occupiers” occurring in the title of Form 45 substitute “owners, lessees, occupiers, holders of personal real burdens, benefited proprietors and owners' association”;
(b)after the word “[occupier]” in the second paragraph of Form 45 insert “4A [holder of a personal real burden] [benefited proprietor] [owners' association]”;
(c)at the end of the third paragraph insert–
“4BIf the order is confirmed, a conveyance registered in implement of the order may *[vary or extinguish rights to enforce real burdens and servitudes affecting the land] *[disapply a development management scheme affecting the land]”;
(d)after note 4 of the notes for guidance in completing Form 45 insert–
“4A. The terms “holder of a personal real burden”, “benefited proprietor” and “owners' association” refer respectively to a person on whom a notice is to be served in accordance with paragraph 3(b)(ii), (iii) and (iv), as the case may be, of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as amended by section 109(2) of the Title Conditions (Scotland) Act 2003.
4B. Include these words in appropriate form where the order may vary or extinguish rights to enforce real burdens or servitudes or may disapply a development management scheme.”.
(5) In Form 53 set out in the Schedule to the Regulations (form of compulsory purchase order for a housing action area for improvement)–
(a)after article 4 insert–
“6A[5. The registration of a conveyance, as defined in section 106(5) of the Title Conditions (Scotland) Act 2003, in implement of this order [shall not extinguish the real burdens and servitudes] [shall not disapply the development management scheme] described in the [Part III of the] Schedule hereto [but shall vary the real burdens and servitudes as specified in that Schedule] [but shall extinguish all rights to enforce such real burdens or servitudes other than the rights of those benefited proprietors and holders of personal real burdens specified in that Schedule] [shall extinguish the real burdens and servitudes described in [Part III of] the Schedule hereto only in relation to those parts of the burdened property specified in that [Part of the] Schedule.]”;
(b)after Part II of the Schedule to Form 53 insert–
“*[Part III – Effect of order on real burdens and servitudes/development management scheme.]
| Number on Map | Address of property | *[Preservation/variation of [rights to enforce] real burdens or servitudes] [Preservation of development management scheme.]9 |
| (1) | (2)”; |
(c)after note 6 of the notes for guidance in completing Form 53 insert–
“6A. If the order is to provide that real burdens or servitudes affecting the land to be acquired are not to be extinguished or are to be varied or the development management scheme disapplied on registration of a conveyance in implement of the order this should be specified in the Schedule to the order and paragraph 5 should be included in appropriate form.”;
(d)after note 8 of the notes for guidance in completing Form 53 insert–
“9. Where the order makes provision in accordance with section 106 of the Title Conditions (Scotland) Act 2003 that real burdens or servitudes are not to be extinguished or any development management scheme is not to be disapplied, describe the effect of such provisions.”.
(6) In Form 54 set out in the Schedule to the Regulations (form of advertisement of the making of a compulsory purchase order for a housing action area for improvement)–
(a)at the end of the second paragraph insert–
“3AIf the order is confirmed, a conveyance registered in implement of the order may *[vary or extinguish rights to enforce real burdens and servitudes affecting the land] *[disapply a development management scheme affecting the land]”;
(b)after note 3 of the notes for guidance in completing Form 54 insert–
“3A. Include these words in appropriate form where the order may vary or extinguish rights to enforce real burdens or servitudes or may disapply a development management scheme.”.
(7) In Form 55 set out in the Schedule to the Regulations (form of notice to owners, lessees and occupiers of the making of a compulsory purchase order for a housing action area for improvement)–
(a)for the words “owners, lessees and occupiers” occurring in the title of Form 55 substitute “owners, lessees, occupiers, holders of personal real burdens, benefited proprietors and owners' association”;
(b)after the word “[occupier]” in the second paragraph of Form 55 insert “4A [holder of a personal real burden] [benefited proprietor] [owners' association]”;
(c)at the end of the third paragraph insert–
“4B If the order is confirmed, a conveyance registered in implement of the order may *[vary or extinguish rights to enforce real burdens and servitudes affecting the land] *[disapply a development management scheme affecting the land]”;
(d)after note 4 of the notes for guidance in completing Form 55 insert–
“4A. The terms “holder of a personal real burden”, “benefited proprietor” and “owners' association” refer respectively to a person on whom a notice is to be served in accordance with paragraph 3(b)(ii), (iii) and (iv), as the case may be, of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as amended by section 109(2) of the Title Conditions (Scotland) Act 2003.
4B. Include these words in appropriate form where the order may vary or extinguish rights to enforce real burdens or servitudes or may disapply a development management scheme.”.
(8) In Form 63 set out in the Schedule to the Regulations (form of compulsory purchase order for a housing action area for demolition and improvement)–
(a)after article 4 insert–
“6A5. The registration of a conveyance, as defined in section 106(5) of the Title Conditions (Scotland) Act 2003, in implement of this order [shall not extinguish the real burdens and servitudes] [shall not disapply the development management scheme] described in the [Part IV of the] Schedule hereto [but shall vary the real burdens and servitudes as specified in that Schedule] [but shall extinguish all rights to enforce such real burdens or servitudes other than the rights of those benefited proprietors and holders of personal real burdens specified in that Schedule] [shall extinguish the real burdens and servitudes described in [Part IV of] the Schedule hereto only in relation to those parts of the burdened property specified in that [Part of the] Schedule.].”;
(b)after Part III of the Schedule to Form 63 insert–
“*[Part IV – Effect of order on real burdens and servitudes/development management scheme.]
| Number on Map | Address of property | *[Preservation/variation of [rights to enforce] real burdens or servitudes] [Preservation of development management scheme.]9 |
| (1) | (2)”; |
(c)after note 6 of the notes for guidance in completing Form 63 insert–
“6A. If the order is to provide that real burdens or servitudes affecting the land to be acquired are not to be extinguished or are to be varied or the development management scheme disapplied on registration of a conveyance in implement of the order this should be specified in the Schedule to the order and paragraph 5 should be included in appropriate form.”;
(d)after note 8 of the notes for guidance in completing Form 63 insert–
“9. Where the order makes provision in accordance with section 106 of the Title Conditions (Scotland) Act 2003 that real burdens or servitudes are not to be extinguished or any development management scheme is not to be disapplied, describe the effect of such provisions.”.
(9) In Form 64 set out in the Schedule to the Regulations (form of advertisement of the making of a compulsory purchase order for a housing action area for demolition and improvement)–
(a)at the end of the second paragraph insert–
“3AIf the order is confirmed, a conveyance registered in implement of the order may *[vary or extinguish rights to enforce real burdens and servitudes affecting the land] *[disapply a development management scheme affecting the land]”;
(b)after note 3 of the notes for guidance in completing Form 64 insert–
“3A. Include these words in appropriate form where the order may vary or extinguish rights to enforce real burdens or servitudes or may disapply a development management scheme.”.
(10) In Form 65 set out in the Schedule to the Regulations (form of notice to owners, lessees and occupiers of the making of a compulsory purchase order for a housing action area for demolition and improvement)–
(a)for the words “owners, lessees and occupiers” occurring in the title of Form 65 substitute “owners, lessees, occupiers, holders of personal real burdens, benefited proprietors and owners' association”;
(b)after the word “[occupier]” in the second paragraph of Form 65 insert “4A [holder of a personal real burden] [benefited proprietor] [owners' association]”;
(c)at the end of the third paragraph insert–
“4BIf the order is confirmed, a conveyance registered in implement of the order may *[vary or extinguish rights to enforce real burdens and servitudes affecting the land] *[disapply a development management scheme affecting the land]”;
(d)after note 4 of the notes for guidance in completing Form 65 insert–
“4A. The terms “holder of a personal real burden”, “benefited proprietor” and “owners' association” refer respectively to a person on whom a notice is to be served in accordance with paragraph 3(b)(ii), (iii) and (iv), as the case may be, of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as amended by section 109(2) of the Title Conditions (Scotland) Act 2003.
4B. Include these words in appropriate form where the order may vary or extinguish rights to enforce real burdens or servitudes or may disapply a development management scheme.”.
(11) In Form 67 set out in the Schedule to the Regulations (form of compulsory purchase order for land surrounded by or adjoining a housing action area only)–
(a)in article 2 for the words “the Schedule hereto” substitute “*[Part I of] the Schedule hereto”;
(b)after article 3 insert–
“6A4. [The registration of a conveyance, as defined in section 106(5) of the Title Conditions (Scotland) Act 2003, in implement of this order [shall not extinguish the real burdens and servitudes] [shall not disapply the development management scheme] described in the [Part II of the] Schedule hereto [but shall vary the real burdens and servitudes as specified in that Schedule] [but shall extinguish all rights to enforce such real burdens or servitudes other than the rights of those benefited proprietors and holders of personal real burdens specified in that Schedule] [shall extinguish the real burdens and servitudes described in [Part II of] the Schedule hereto only in relation to those parts of the burdened property specified in that [Part of the] Schedule.]”;
(c)in the Schedule for the word “SCHEDULE” substitute–
(d)after the Schedule to Form 67 add–
“*[Part II – Effect of order on real burdens and servitudes/development management scheme.]
| Number on Map | Address of property | *[Preservation/variation of [rights to enforce] real burdens or servitudes] [Preservation of development management scheme.]8 |
| (1) | (2)”; |
(e)after note 6 of the notes for guidance in completing Form 67 insert–
“6A. If the order is to provide that real burdens or servitudes affecting the land to be acquired are not to be extinguished or are to be varied or the development management scheme disapplied on registration of a conveyance in implement of the order this should be specified in a Schedule to the order and paragraph 4 should be included in appropriate form.”;
(f)after note 7 of the notes for guidance in completing Form 67 insert–
“8. Where the order makes provision in accordance with section 106 of the Title Conditions (Scotland) Act 2003 that real burdens or servitudes are not to be extinguished or any development management scheme is not to be disapplied, describe the effect of such provisions.”.
(12) In Form 68 set out in the Schedule to the Regulations (form of advertisement of the making of a compulsory purchase order for land surrounded by or adjoining a housing action area only)–
(a)at the end of the second paragraph insert–
“4A If the order is confirmed, a conveyance registered in implement of the order may *[vary or extinguish rights to enforce real burdens and servitudes affecting the land] *[disapply a development management scheme affecting the land]”;
(b)after note 4 of the notes for guidance in completing Form 68 insert–
“4A. Include these words in appropriate form where the order may vary or extinguish rights to enforce real burdens or servitudes or may disapply a development management scheme.”.
(13) In Form 69 set out in the Schedule to the Regulations (form of notice to owners, lessees and occupiers of the making of a compulsory purchase order for land surrounded by or adjoining a housing action area only)–
(a)for the words “owners, lessees and occupiers” occurring in the title of Form 69 substitute “owners, lessees, occupiers, holders of personal real burdens, benefited proprietors and owners' association”;
(b)after the word “[occupier]” in the second paragraph of Form 69 insert–
“5A [holder of a personal real burden] [benefited proprietor] [owners' association]”;
(c)at the end of the third paragraph insert–
“5B If the order is confirmed, a conveyance registered in implement of the order may *[vary or extinguish rights to enforce real burdens and servitudes affecting the land] *[disapply a development management scheme affecting the land]”;
(d)after note 5 of the notes for guidance in completing Form 69 insert–
“5A. The terms “holder of a personal real burden”, “benefited proprietor” and “owners' association” refer respectively to a person on whom a notice is to be served in accordance with paragraph 3(b)(ii), (iii) and (iv), as the case may be, of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 as amended by section 109(2) of the Title Conditions (Scotland) Act 2003.
5B. Include these words in appropriate form where the order may vary or extinguish rights to enforce real burdens or servitudes or may disapply a development management scheme.”.
17.—(1) The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984(5) are amended as follows.
(2) At the end of regulation 6 add–
“or to advertisements displayed under–
(a)section 21(2)(b), 36(2)(b) or 107(8)(c) of the Title Conditions (Scotland) Act 2003;
(b)paragraph 3A(c) of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(c)paragraph 2(1B)(c) of Schedule 5 to the Forestry Act 1967”.
(3) In Schedule 4, at the end of Class III–
(a)in the column headed “description of advertisement” add–
“(7) Advertisements displayed under–
(a)section 21(2)(b), 36(2)(b) or 107(8)(c) of the Title Conditions (Scotland) Act 2003;
(b)paragraph 3A(c) of the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
(c)paragraph 2(1B)(c) of Schedule 5 to the Forestry Act 1967”.
(b)in the column headed “maximum height of letters or figures” add–
“1 centimetre”
(c)in the column headed “maximum height above ground level of highest part of advertisement” add–
“2 metres”
18.—(1) The Compulsory Purchase by Public Authorities (Inquiries Procedure) (Scotland) Rules 1998(6) shall be amended as follows.
(2) In rule 3 after the definition of “acquiring authority” insert–
““benefited proprietor” means an owner of land on whom a notice is to be served in accordance with paragraph 3(b)(iii) of the First Schedule to the Act.”.
(3) In rule 3 after the definition of “document” insert–
““holder of a personal real burden” means a person on whom a notice is to be served in accordance with paragraph 3(b)(ii) of the First Schedule to the Act.”.
(4) In rule 3 after the definition of “outline statement” insert–
““owners' association” means an owners' association under a development management scheme (as defined in section 71(3) of the Title Conditions (Scotland) Act 2003 on which a notice is to be served in accordance with paragraph 3(b)(iv) of the First Schedule to the Act.”.
(5) In rule 3 for the definition of “statutory objector” substitute–
““statutory objector” means an owner, lessee, or occupier of the land or any part thereof or a benefited proprietor, holder of a personal real burden or owners' association, who, being entitled to be served with notice of the making of the order, has duly objected to the making thereof in accordance with the provisions of the First Schedule to the Act and whose objection has not been withdrawn, is not the subject of an undertaking given by the acquiring authority under paragraph 4(2A) of the First Schedule to the Act, or whose objection has not been disregarded under–
paragraph 4(4) of that Schedule; or
section 200(1) of the Town and Country Planning (Scotland) Act 1997.”.