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Public Registers and Records (Scotland) Act 1948
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- 1948 c. 57 (Regnal. 11_and_12_Geo_6)
- Section 1
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- s. 1(2) words repealed by 2007 asp 3 Sch. 6
- s. 1(3) restricted by 2008 asp 7 s. 3(3)
Commencement Orders yet to be applied to the Public Registers and Records (Scotland) Act 1948:
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Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2009/5 art. 2 commences (2008 asp 7)
1 Substitution of a Keeper of the Registers and a Keeper of the Records for the Keeper of the Registers and Records of Scotland.E+W+S+N.I.
(1)It shall be lawful for the [F1Scottish Ministers] with the consent of the Lord President of the Court of Session to appoint (a) a Keeper of the Registers of Scotland, and (b) a Keeper of the Records of Scotland, and on such appointments being made the office of Keeper of the Registers and Records of Scotland shall cease to exist.
(2)There shall be transferred to and vested in the Keeper of the Registers of Scotland the whole functions of the Keeper of the Registers and Records of Scotland with regard to the framing of the General Register of Sasines, the Register of Hornings, the Register of Inhibitions and Adjudications, the Register of Entails and the Register of Deeds, together with the powers and duties transferred to the said Keeper from the Director of Chancery under section seven of the M1Reorganisation of Offices (Scotland) Act, 1928.
(3)There shall be transferred to and vested in the Keeper of the Records of Scotland, the whole functions of the Keeper of the Registers and Records of Scotland with regard to the preservation of the public registers, records and rolls of Scotland.
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In the event of a vacancy in the office of either of the Keepers appointed under this section or in the absence of either of them from any cause his functions shall be performed by such member of his staff or such other person as may be authorised by the [F3Scottish Ministers].
(7)Any reference in any enactment to the Keeper of the General Register of Sasines shall be construed as a reference to the Keeper of the Registers of Scotland, and any reference in any enactment to the Keeper of the Registers and Records of Scotland shall be construed as a reference to the Keeper of the Registers of Scotland or to the Keeper of the Records of Scotland according as the enactment relates to the functions specified in subsection (2) or in subsection (3) of this section.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
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Amendments (Textual)
F1Words in s. 1(1) substituted (1.7.1999) by 1998 c. 46, s. 125, Sch. 8, para. 8 (with s. 126(3)-(11)); S.I. 1998/3178, art. 2
F2S. 1(4)(5) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 22(a), Pt. IV
F3Words in s.1(6) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 22(b)
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