Search Legislation

Land Registration etc. (Scotland) Act 2012

Changes over time for: Part 4

 Help about opening options

Exit from the EU:

There may be changes and effects to this Legislation not yet recorded or applied to the text

New legislation with 'EU Exit' in the title that references (and therefore may change) this legislation item:

Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.

There are currently no additional references that you need to check.

Changes to legislation:

Land Registration etc. (Scotland) Act 2012, Part 4 is up to date with all changes known to be in force on or before 24 January 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 4 SAdvance notices

Modifications etc. (not altering text)

56Advance noticesS

(1)An advance notice is a notice—

(a)stating that a person intends to grant a deed to another person,

(b)stating the name and designation of both persons,

(c)describing the nature of the intended deed (as for example whether it is to be a disposition),

(d)where the intended deed relates to a registered lease or a registered plot of land—

(i)stating the title number of the title sheet to which the deed is to relate,

(ii)where the deed is to relate to a registered lease which does not have a lease title sheet, stating the particulars of the lease, and

(iii)where the deed is to relate to part only of the subjects of the lease, or to part only of the plot, describing the part so as to enable the Keeper to delineate on the cadastral map the boundaries of the part, and

(e)where the intended deed relates to an unregistered lease or unregistered plot of land, describing the lease or, as the case may be, plot.

(2)Subsection (1)(d)(iii) does not apply if—

(a)the part to which the deed relates is a flat in a flatted building, and

(b)either—

(i)the flatted building is, by virtue of section 16, represented as a single cadastral unit on the cadastral map, or

(ii)the Keeper has indicated that the flatted building is, by virtue of that section, to be so depicted.

(3)Despite subsection (2), subsection (1)(d)(iii) applies in so far as the part includes a pertinent outwith the flatted building, being a pertinent only of the part.

(4)The Scottish Ministers may by regulations make provision about the description to be contained in an advance notice by virtue of subsection (1)(e).

Commencement Information

I1S. 56 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

57Application for advance noticeS

(1)A person falling within subsection (2) may apply to the Keeper for an advance notice in relation to a registrable deed which the person intends to grant.

(2)A person falls within this subsection if—

(a)the person may validly grant the intended deed, or

(b)the person has the consent of such a person to apply.

(3)The Keeper may accept an application under subsection (1) only if—

(a)such fee as is payable in respect of the application is paid, or

(b)arrangements satisfactory to the Keeper are made for payment of that fee.

(4)If the Keeper accepts an application under subsection (1), the Keeper must—

(a)where the intended deed relates to a registered plot of land—

(i)as soon as reasonably practicable or, if the application record is not open for the making of entries, as soon as reasonably practicable on the application record next opening for that purpose, enter an advance notice in the application record, and

(ii)where (and to the extent that) section 56(1)(d)(iii) applies in relation to the notice, delineate the boundaries of the part on the cadastral map,

(b)in any other case, record an advance notice in the Register of Sasines.

Commencement Information

I2S. 57 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

58Period of effect of advance noticeS

(1)An advance notice has effect for the period of 35 days beginning with the day after the notice is entered in the application record or, as the case may be, recorded in the Register of Sasines.

[F1(1A)If the application record is closed for the making of all entries as a result of coronavirus, an advance notice which has effect on the day the application record is closed is to have effect until the later of—

(a)the end of the period specified in section 58(1),

(b)the end of the period ending 10 days after the day on which the Keeper declares the application record fully open for the making of entries.

(1B)If the Register of Sasines is closed for the making of all entries as a result of coronavirus, an advance notice which has effect on the day the Register of Sasines is closed is to have effect until the later of—

(a)the end of the period specified in section 58(1),

(b)the end of the period ending 10 days after the day on which the Keeper declares the application record fully open for the recording of entries.

(1C)If the application record is closed for the making of some entries as a result of coronavirus, an advance notice which is entered in the application record during the period that the application record is closed in part is to have effect until the later of—

(a)the end of the period specified in section 58(1),

(b)the end of the period ending 10 days after the day on which the Keeper declares the application record fully open for the making of entries.

(1D)If the Register of Sasines is closed for the recording of some entries as a result of coronavirus, an advance notice which is recorded during the period that the Register of Sasines is closed in part is to have effect until the later of—

(a)the end of the period specified in section 58(1),

(b)the end of the period ending 10 days after the day on which the Keeper declares the Register of Sasines fully open for the making of entries.]

(2)[F2Subsection (1) is] [F2Subsections (1), (1A), (1B), (1C) and (1D) are] subject to section 63.

(3)The period during which an advance notice has effect is referred to in this Act as the “protected period”.

(4)Subsection (5) applies where two advance notices in relation to the same plot of land or lease are entered into the application record or recorded in the Register of Sasines on the same date.

(5)The protected period in relation to the advance notice which is first to be entered in the application record, or as the case may be recorded in the Register of Sasines, is deemed to begin before the protected period in relation to the other advance notice.

(6)The Scottish Ministers may, by order amend subsection (1) so as to substitute for the period for the time being mentioned there a different period.

(7)Before making such an order, the Scottish Ministers must consult the Keeper.

[F3(8)In this section, “coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020.]

Textual Amendments

F1S. 58(1A)-(1D) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 7 para. 19(a) (with ss. 11-13)

F2Words in s. 58(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 7 para. 19(b) (with ss. 11-13)

F3S. 58(8) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 7 para. 19(c) (with ss. 11-13)

Modifications etc. (not altering text)

C2S. 58(1) modified (temp.) (7.4.2020) by Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), Sch. 7 paras. 15-18 (with ss. 11-13)

Commencement Information

I3S. 58 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

59Effect of advance notice: registered deedsS

(1)Subsections (2) and (3) apply in relation to any two deeds (“deed Y” and “deed Z”) relating to the same plot of land where—

(a)during a protected period relating to deed Y—

(i)an application is made for registration of deed Z, and

(ii)on or after the date of that application, an application is made for registration of deed Y, and

(b)deed Z either—

(i)is not a deed in relation to which a protected period is running, or

(ii)is such a deed, but the protected period relating to deed Y began before the protected period relating to deed Z.

(2)If deed Z is registered before the Keeper comes to make any decision as to whether or not to accept the application for registration of deed Y, that decision is to be taken as if deed Z had not been registered.

(3)If the decision mentioned in subsection (2) is to accept the application—

(a)deed Y has on registration the same effect as if deed Z had not been registered, and

(b)the Keeper must amend the register so that it gives effect (if any) to deed Z as if it were registered after deed Y.

Commencement Information

I4S. 59 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

60Effect of advance notice: recorded deedsS

(1)Subsections (2) and (3) apply in relation to any two deeds (“deed Y” and “deed Z”) relating to the same plot of land where, during a protected period relating to deed Y—

(a)deed Z is recorded in the Register of Sasines, and

(b)on or after the date of recording, an application is made for registration of deed Y.

(2)The decision as to whether or not to accept the application for registration of deed Y is to be taken as if deed Z had not been recorded.

(3)If the decision mentioned in subsection (2) is to accept the application—

(a)deed Y has on registration the same effect as if deed Z had not been recorded, and

(b)in making up the title sheet for the plot, the Keeper must give effect (if any) to deed Z as if it were not recorded but registered after deed Y.

Commencement Information

I5S. 60 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

61Effect of advance notice: further provisionS

(1)A deed to which an advance notice relates, if registered on a date which falls within the protected period, is not subject to—

(a)an inhibition registered in the Register of Inhibitions against the granter and taking effect before that date but during that period, or

(b)anything registered or recorded in that register and taking effect, before that date but during that period, as if an inhibition registered against the granter.

(2)Sections 59 and 60 apply irrespective of whether a deed is voluntary or involuntary.

(3)Sections 59 and 60 do not apply in relation to—

(a)a notice registered, or intended or sought to be registered, under—

(i)section 10(2A) of the Title Conditions (Scotland) Act 2003 (asp 9), or

(ii)section 12(3) of the Tenements (Scotland) Act 2004 (asp 11), and

(b)such other deeds as the Scottish Ministers may by order specify.

(4)Before making an order under subsection (3)(b), the Scottish Ministers must consult the Keeper.

Commencement Information

I6S. 61 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

62Removal of advance notice etc.S

(1)After the protected period in relation to an advance notice has elapsed, the Keeper must, if the notice was entered in the application record—

(a)remove it from there, and

(b)if the notice has not already been entered in the archive record, enter it in that record.

(2)After such period in relation to an advance notice as may be prescribed in land register rules the Keeper must, if the intended deed has not been registered, remove from the cadastral map any delineation effected under section 57(4)(a)(ii).

Commencement Information

I7S. 62 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

63Discharge of advance noticeS

(1)A person who applied for an advance notice may apply to the Keeper for the discharge of that notice.

(2)An application under subsection (1) may be made only during the protected period.

(3)The Keeper may accept an application under subsection (1) only if—

(a)the person to whom the intended deed would be granted consents, and

(b)either—

(i)such fee as is payable in respect of the application is paid, or

(ii)arrangements satisfactory to the Keeper are made for payment of that fee.

(4)If the Keeper accepts the application, the Keeper must—

(a)if the advance notice was entered in the application record––

(i)remove it from there, and

(ii)if the notice has not already been entered in the archive record, enter it in that record,

(b)if the advance notice was recorded in the Register of Sasines, record a notice of discharge in relation to the advance notice.

(5)On the advance notice being removed from the application record or, as the case may be, a notice of discharge being recorded, the advance notice ceases to have effect.

Commencement Information

I8S. 63 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

64Application of Part to specific deedsS

(1)The Scottish Ministers may by order modify the application of this Part in relation to any deed of a kind specified in the order.

(2)Before making such an order, the Scottish Ministers must consult the Keeper.

Commencement Information

I9S. 64 in force at 1.11.2012 by S.S.I. 2012/265, art. 2

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources