http://www.legislation.gov.uk/asp/2000/5/section/73/2004-11-28Abolition of Feudal Tenure etc. (Scotland) Act 2000An Act of the Scottish Parliament to abolish the feudal system of land tenure; to abolish a related system of land tenure; to make new provision as respects the ownership of land; to make consequential provision for the extinction and recovery of feuduties and of certain other perpetual periodical payments and for the extinction by prescription of any obligation to pay redemption money under the Land Tenure Reform (Scotland) Act 1974; to make further provision as respects real burdens affecting land; to provide for the disentailment of land; to discharge all rights of irritancy held by superiors; to abolish the obligation of thirlage; to prohibit with certain exceptions the granting of leases over land for periods exceeding 175 years; to make new provision as respects conveyancing; to enable firms with separate personality to own land; and for connected purposes.2000-06-09texttext/xmlenStatute Law Database2025-07-012004-11-28 Abolition of Feudal Tenure etc. (Scotland) Act 2000s. 18C(1)National Health Service Reform (Scotland) Act 2004sch. 2s. 12(1)Abolition of Feudal Tenure etc. (Scotland) Act 2000s. 18C(3)National Health Service Reform (Scotland) Act 2004sch. 2s. 12(1) PART 7 731Where a term or expression, which before the appointed day would ordinarily, or in the context in which it is used, depend for its meaning on there being a feudal system of land tenure, requires to be construed, in relation to any period from that day onwards—ain an enactment (other than this Act) passed before that day;bin an enactment contained in subordinate legislation made before that day; . . . cin a document executed before that day; ordin the Land Register of Scotland or in—ia land certificate;iia charge certificate; oriiian office copy,issued, whether or not before that day, under the Land Registration (Scotland) Act 1979 (c. 33),then in so far as the context admits, where the term or expression is, or contains, a reference to—ithe dominium utile of the land, that reference shall be construed either as a reference to the land or as a reference to the ownership of that land;iian estate in land, that reference shall be construed as a reference to a right in land and as including ownership of land;iiia vassal in relation to land, that reference shall be construed as a reference to the owner of the land;ivfeuing, that reference shall be construed as a reference to disponing;va feu disposition, that reference shall be construed as a reference to a disposition;vitaking infeftment, that reference shall be construed as a reference to completing title,analogous terms and expressions being construed accordingly .2On and after the appointed day, any referenceain any document executed before that day orbin the Land Register of Scotland or in any certificate or copy such as is mentioned in subsection (1)(d) above (whenever issued), to a superior shall, where that reference requires to be construed in relation to a real burden which a person is entitled, by virtue of section 18, 18A, 18B, 18C, 19, 20, 28, 28A or 60 of this Act or section 56 of the Title Conditions (Scotland) Act 2003 (asp 9) (facility burdens and service burdens), to enforce on and after that day, be construed as a reference to that person.2AIn construing, after the appointed day and in relation to a right enforceable on or after that day, a document, or entry in the Land Register, which—asets out the terms of a real burden; andbis not a document or entry references in which require to be construed as mentioned in subsection (2) above,any provision of the document or entry to the effect that a person other than the person entitled to enforce the burden may waive compliance with, or mitigate or otherwise vary a condition of, the burden shall be disregarded.3Subsection (1) above is without prejudice to section 76 of, and schedules 12 and 13 to, this Act or to any order made under subsection (3) of that section.4In subsection (1) above—ain paragraph (a), “enactment” includes a local and personal or private Act; andbin paragraph (b), “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c.30) (but includes subordinate legislation made under an Act of the Scottish Parliament).Words in s. 73(1)(a)(b)(c) inserted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3), sch. 13 para. 13(a)(i) (with ss. 119, 121)Word in s. 73(1)(b) repealed (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3), sch. 13 para. 13(a)(ii) (with ss. 119, 121)Words in s. 73(1) substituted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3), sch. 13 para. 13(a)(iii) (with ss. 119, 121)Words in s. 73(2) renumbered (4.4.2003) as s. 73(2)(a) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3) {sch. 13 para. 13(b)(i)}, (with ss. 119, 121)S. 73(2)(b) and preceding word inserted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3) {sch. 13 para. 13(b)(ii)}, (with ss. 119, 121)Words in s. 73(2) substituted (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3) {sch. 13 para. 13(b)(iii)}, (with ss. 119, 121)S. 73(2A) added (4.4.2003) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 114(6), 129(3) {sch. 13 para. 13(c)}, (with ss. 119, 121)