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Land Tenure Reform (Scotland) Act 1974

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This is the original version (as it was originally enacted).

13Restrictions on rights of pre-emption to apply in every case

In section 9 of the [1938 c. 24.] Conveyancing Amendment (Scotland) Act 1938 (limitation of effect of conditions as to pre-emption) there shall be added the following subsection—

“(3)The provisions of this section shall apply in the case of any right of pre-emption, created in a deed or other writing executed after 1st September 1974, in favour of any person, of an interest in land in the event of a sale thereof or of any part thereof by the proprietor for the time being, as they apply in the case of such a right vested in the superior of a feu: and in the application of this section in such a case,

(a)" superior ", " proprietor ", " feu " and " charter " shall be construed accordingly ;

(b)in subsection (1) of this section, for the words " person in right of the superiority (whether or not his title thereto is complete)" there shall be substituted the words " person in whom the right is vested " ;

(c)in subsection (2) of this section, the words " in use to receive and discharge the feuduty in respect of the feu " shall not apply.”.

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