PART 6

MISCELLANEOUS

Discharge of certain rights and extinction of certain obligations and payments

Extinction of superior’s rights and obligations qua superior
54
1
Subject to section 13, to Part 4, and to sections 60(1) and 65A, of this Act, a right or obligation which, immediately before the appointed day, is enforceable by, or as the case may be against, a superior qua superior (including, without prejudice to that generality, sporting rights as defined by subsection (9) of that section 65A) shall, on that day, be extinguished.
2
Subject to subsection (3) below—
a
on or after the appointed day, no proceedings for such enforcement shall be commenced;
b
any proceedings already commenced for such enforcement shall be deemed to have been abandoned on that day and may, without further process and without any requirement that full judicial expenses shall have been paid by the pursuer, be dismissed accordingly; and
c
any decree, or interlocutor, already pronounced in proceedings for such enforcement shall be deemed to have been reduced, or as the case may be recalled, on that day.
3
Subsection (2) above shall not affect any proceedings, decree or interlocutor in relation to—
a
a right of irritancy held by a superior; or
aa
a right of enforcement held by virtue of of section 13, 33, 60(1) or 65A of this Act;
b
a right to recover damages or to the payment of money.
Words in s. 54(1) substituted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3), sch. 13 para. 11(a)(i) (with ss. 119, 121)
Words in s. 54(1) inserted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3), sch. 13 para. 11(a)(ii) (with ss. 119, 121)
S. 54(3)(aa) inserted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3), sch. 13 para. 11(b) (with ss. 119, 121)