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The Registers of Scotland (Digital Registration, etc.) Regulations 2018

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Procedure for application for an advance notice or discharge of advance notice in Land Register

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2.—(1) The Land Register Rules are amended as follows.

(2) In regulation 3(1) (procedure for application for an advance notice relating to the whole of a registered plot)—

(a)for “An application” substitute “Subject to paragraph (3), an application”;

(b)omit “the whole of”;

(c)omit “or” after sub-paragraph (a);

(d)omit sub-paragraph (b)(ii) and the “or” which precedes it;

(e)at the end, insert—

; or

(c)the Keeper is otherwise satisfied that exceptional circumstances make it impractical to do so;; and

(f)after paragraph (1), insert-

(1A) In particular, paragraph (1)(c) is met—

(a)if the applicant is a natural person who granted the deed to which the advance notice relates; and

(b)the application is not made by a person who, in connection with the grant, acts as a solicitor or other legal adviser to the granter..

(3) For regulation 3(3) (procedure for application for an advance notice relating to part of a registered plot) substitute—

(3) Except in respect of advance notices relating to the whole of a registered plot, paragraph (1) does not apply unless the Keeper has notified a date in accordance with paragraph (4).

(4) Such a notification by the Keeper must state the date on which it comes into effect, which date may not be earlier than 6 months after the date of its publication on the Keeper’s website(1).

(5) Before making such a notification, the Keeper must consult the Scottish Ministers..

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