F1SCHEDULE 1ALand transactions: overseas entities

Consent to registration of certain deeds that cannot otherwise be registered

7

(1)

Sub-paragraph (2) applies where the Keeper would be required by paragraph 2(2) to reject an application for registration of a qualifying registrable deed or a registrable deed which is a standard security.

(2)

The Scottish Ministers may consent to registration of the deed if satisfied—

(a)

that at the time of delivery of the deed the person in whose favour it was granted did not know, and could not reasonably have been expected to know, of the duty imposed on the Keeper by paragraph 2(2), and

(b)

that in all the circumstances it would be unjust for the deed not to be registered.

(3)

Sub-paragraph (4) applies where the Keeper would be required by paragraph 4(2) to reject an application for registration of a notice of title in respect of a qualifying registrable deed or a registrable deed which is a standard security.

(4)

The Scottish Ministers may consent to registration of the notice of title if satisfied—

(a)

that at the time of delivery of the qualifying registrable deed or (as the case may be) registrable deed which is a standard security the person in whose favour the deed was granted did not know, and could not reasonably have been expected to know, of the duty imposed on the Keeper by paragraph 4(2), and

(b)

that in all the circumstances it would be unjust for the notice of title not to be registered.

(5)

The Scottish Ministers may by regulations make provision in connection with applications for consent, and the giving of consent, under sub-paragraphs (2) and (4).

(6)

The regulations may, for example, make provision about—

(a)

who may apply;

(b)

evidence;

(c)

time limits.