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Land Registration etc. (Scotland) Act 2012

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This is the original version (as it was originally enacted).

42Notification to Scottish Ministers of certain applications

Explanatory NotesShow EN

(1)This section applies where an application under section 21 is rejected on the ground that (or on grounds which include the ground that) the Keeper is not satisfied that the application does not relate to a transfer prohibited—

(a)by section 40(1) of the Land Reform (Scotland) Act 2003 (asp 2) (effect of registration of community interest in land), or

(b)under section 37(5)(e) of that Act (prohibition pending determination as to whether a community interest in land is to be registered).

(2)However, this section does not apply where the only reason for the Keeper not being satisfied as mentioned in subsection (1) is that the application is not accompanied by a declaration required under section 43(2) of that Act (incorporation of certain declarations into deed giving effect to transfer).

(3)The Keeper must—

(a)notify the Scottish Ministers, and

(b)provide them with a copy of the application.

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