The Long Leases (Prescribed Form of Notices etc.) (Scotland) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

Notices are required to implement the conversion of ultra-long leases to ownership under the Long Leases (Scotland) Act 2012 (“the Act”).

Regulations 2 to 19 (see forms 1 to 22 set out in Schedule 1) of these Regulations prescribe the following forms of notice under the sections of the Act referred to and relative explanatory note where appropriate and other necessary documentation:—

• Notice for conversion of reserved sporting rights (section 8(2)).

• Notice for conversion of qualifying condition by nomination of benefited property (section 14(2)).

• Notice seeking agreement to the conversion of qualifying conditions (section 17(1)(a)).

• Notices for conversion of qualifying condition into a personal pre-emption burden or personal redemption burden (section 23(1)); an economic development burden (section 24(1)); a health care burden (section 25(1)); a climate change burden (section 26(1)); or a conservation burden (sections 27(1) and 28(1)).

• Notices requiring compensatory payment etc.: cumulo rent, partially continuing lease, ordinary case (section 45(2)).

• Notice requesting additional payment (section 50(2)).

• Further notice requiring additional payment following agreement (section 54(2)).

• Preliminary notices for compensatory payment exceeding £500, and for additional payment exceeding £500 (section 56(2)).

• Instalment document (section 57(2)(a)).

• Notice seeking exemption from conversion of a qualifying lease (section 63(b)).

• Agreement seeking exemption of qualifying lease by registration of agreement (section 64(2)(a)).

• Notice recalling prior exemption from conversion of a qualifying lease (section 67(1)(b)).

• Acknowledgement of service (section 74(3)(a)).

• Certificate of posting (section 74(3)(b)).

Regulation 20 and Schedule 2 set out the table of life expectancy mentioned in section 71(1)(c)(ii) of the Act for use in certain circumstances in calculating the period of a lease where the period is expressed by reference to the lifetime of a person.