SCHEDULE 5Minor and consequential modifications

Conveyancing (Scotland) Act 1924 (c.27)

I19

1

The Conveyancing (Scotland) Act 1924 is amended as follows.

2

In section 2(5) (interpretation), after “registrable” insert “ in the Land Register of Scotland or ”.

3

In section 3 (disposition etc.), for “manner” substitute “ such manner as was (immediately before the repeal of the note) ”.

4

In section 44 (General Register of Inhibitions and Register of Adjudications to be combined; limitation of effect of entries therein), after subsection (2) insert—

2A

A notice registered under subsection (2)(a)(i) of this section 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—

a

any land or lease for which there is a title sheet in the Land Register of Scotland, or

b

any heritable security the particulars of which are entered in a title sheet in that register,

litigious or in placing in bad faith any person acquiring such land, lease or heritable security.

5

In schedule B (notice of title), in note 8—

a

for “Subscription of the document” substitute “ In the case of a traditional document, subscription of it ”,

b

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

6

The title of schedule B becomes “ Forms of notice of title: Register of Sasines ”.