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Coronavirus (Scotland) Act 2020
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- Land registration: period of...
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Changes over time for: Cross Heading: Land registration: period of effect of advance notice
Version Superseded: 30/03/2021
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- 07/04/2020- Amendment
- 07/04/2020
Point in time - 30/03/2021- Amendment
- 30/06/2021- Amendment
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Land registration: period of effect of advance noticeS
15SParagraph 16 applies to an advance notice within the meaning of section 56 of the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”) entered in the application record and that had effect by virtue of section 58(1) of that Act on 24 March 2020.
16SThe advance notice is to be treated as having continued and continuing to have effect from that date until the end of the period ending 10 days after the day on which the Keeper of the Registers of Scotland (the “Keeper”) declares the application record (within the meaning of section 15 of the 2012 Act) fully open for the making of entries.
17SParagraph 18 applies to an advance notice within the meaning of section 56 of the 2012 Act recorded in the Register of Sasines and that had effect by virtue of section 58(1) of that Act on 24 March 2020.
18SThe advance notice is to be treated as having continued and continuing to have effect from that date until the end of the period ending 10 days after the day on which the Keeper of the Registers of Scotland declares the Register of Sasines fully open for the recording of entries.
19SSection 58 of the 2012 Act (period of effect of advance notice) has effect as if modified as follows—
(a)after subsection (1) there were inserted—
“(1A)If the application record is closed for the making of all entries as a result of coronavirus, an advance notice which has effect on the day the application record is closed is to have effect until the later of—
(a)the end of the period specified in section 58(1),
(b)the end of the period ending 10 days after the day on which the Keeper declares the application record fully open for the making of entries.
(1B)If the Register of Sasines is closed for the making of all entries as a result of coronavirus, an advance notice which has effect on the day the Register of Sasines is closed is to have effect until the later of—
(a)the end of the period specified in section 58(1),
(b)the end of the period ending 10 days after the day on which the Keeper declares the application record fully open for the recording of entries.
(1C)If the application record is closed for the making of some entries as a result of coronavirus, an advance notice which is entered in the application record during the period that the application record is closed in part is to have effect until the later of—
(a)the end of the period specified in section 58(1),
(b)the end of the period ending 10 days after the day on which the Keeper declares the application record fully open for the making of entries.
(1D)If the Register of Sasines is closed for the recording of some entries as a result of coronavirus, an advance notice which is recorded during the period that the Register of Sasines is closed in part is to have effect until the later of—
(a)the end of the period specified in section 58(1),
(b)the end of the period ending 10 days after the day on which the Keeper declares the Register of Sasines fully open for the making of entries.”,
(b)in subsection (2), for “Subsection (1) is” there were substituted “ Subsections (1), (1A), (1B), (1C) and (1D) are ”,
(c)after subsection (7) there were inserted—
“(8)In this section, “coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020.”.
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