Land Registration etc. (Scotland) Act 2012

Titles to Land Consolidation (Scotland) Act 1868 (c.101)

6 (1) The Titles to Land Consolidation (Scotland) Act 1868 is amended as follows.

(2) In section 159 (litigiosity not to begin before date of registration of notice of summons)—

(a) the existing provisions become subsection (1),

(b) after that subsection insert—

“(2) A notice registered under subsection (1) on or after the date on which section 67 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (warrant to place a caveat) comes into force shall not have any effect in rendering litigious any land a title sheet for which is comprised in the Land Register of Scotland or in placing in bad faith any person acquiring such land.”.

(3) In section 159A (registration of notice of summons of action of reduction)—

(a) in each of subsections (2)(b) and (3)(b), repeal “register in the Land Register of Scotland or, as the case may be,”,

(b) after subsection (3) insert—

“(4) This section does not apply in relation to lands for which there is a title sheet in the Land Register of Scotland.”.

(4) In schedule B, in form No. 1 (formal clauses of a disposition of land etc.), in the note relating to subscription of the document in question—

(a) for “Subscription of the document by the granter of it” substitute “In the case of a traditional document, subscription of it by the granter”,

(b) after “1995” insert “, which also makes provision as regards the authentication of an electronic document”.