The High Hedges (Scotland) Act 2013 (Supplementary Provision) Order 2014

Scottish Statutory Instruments

2014 No. 55

High Hedges

The High Hedges (Scotland) Act 2013 (Supplementary Provision) Order 2014

Made

26th February 2014

Laid before the Scottish Parliament

28th February 2014

Coming into force

1st April 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 36(1) of the High Hedges (Scotland) Act 2013(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the High Hedges (Scotland) Act 2013 (Supplementary Provision) Order 2014 and comes into force on 1st April 2014.

(2) In this Order “the Act” means the High Hedges (Scotland) Act 2013.

Supplementary provision

2.  Section 12(1) of the Land Registration (Scotland) Act 1979(2) (indemnity in respect of loss) does not apply in respect of any loss arising in consequence of an inaccuracy in any information contained in—

(a) a notice of liability for expenses registered under section 26(1) of the Act; or

(b) a notice of discharge registered under section 29(2) of the Act.

DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

26th February 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision supplemental to the High Hedges (Scotland) Act 2013 (“the Act”). Under the Act, a local authority may register in the Land Register of Scotland or the General Register of Sasines a notice of liability for expenses incurred by the authority for action taken by them where there has been a failure to comply with a high hedge notice. Where the liability to which the notice of liability relates has been discharged the local authority must register a notice of discharge. This Order excludes the Keeper of the Registers of Scotland from liability for indemnity for losses arising in consequence of an inaccuracy in any information contained in a notice of liability for expenses or a notice of discharge registered under the Act.

(1)

2013 asp 6.

(2)

1979 c.33.