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(1)Subsections (2) and (3) apply to a tenant under a lease where—
(a)the lease is a qualifying lease and the tenant intends to execute and register an exemption notice, or
(b)the lease is an exempt lease and the tenant intends to execute and register a recall notice.
(2)Except where it is not reasonably practicable to do so, the tenant must, before the notice is executed, send by post to the person registered as landlord under the lease and (as the case may be) the person registered as landlord under any superior lease a copy of—
(a)the notice, and
(b)the prescribed explanatory note.
(3)Before the notice is executed, the tenant must state in the notice either—
(a)that a copy of the notice has been sent in accordance with subsection (2), or
(b)that it was not reasonably practicable for such a copy to be sent (and the reasons why that was so).
(4)An exemption notice or (as the case may be) recall notice must be registered against the title of the tenant who executed the notice.
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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.
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