Scottish Statutory Instruments

2003 No. 620 (C.35)

FEUDAL TENURE

The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Commencement No. 3) Order 2003

Made

29th December 2003

The Scottish Ministers, in exercise of the powers conferred by section 77(4) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation

1.  This Order may be cited as the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Commencement No. 3) Order 2003.

Commencement of provisions

2.  The day appointed for the coming into force of section 63 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 is 28th November 2004.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

29th December 2003

Explanatory Note

(This note does not form part of the Order)

This Order appoints 28th November 2004 as the date for coming into force of section 63 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (“the 2000 Act”). Section 63 extinguishes any jurisdiction of, and conveyancing privileges incidental to, baronies, and reserves the dignity of baron but provides that this shall not attach to land but shall be transferable only as incorporeal heritable property.

The 2000 Act received Royal Assent on 9th June 2000. Sections 3, 14 to 16, 52, 53, 58, 62, 67, 71, 72, 74, 76(1) as far as relating to paragraph 30(23)(a) of schedule 12, 76(3) and (4) and 77 and schedule 4 and paragraph 30(23)(a) of schedule 12 of the 2000 Act came into force on Royal Assent. Schedule 11A came into force on 4th April 2003 being the date on which section 114 and schedule 13 of the Title Conditions (Scotland) Act 2003 came into force.

Note as to Earlier Commencement Orders

(This note is note part of the Order)

ProvisionDate of CommencementS.S.I. No.
sections 17 to 22, 24, 25, 27 to 28A, 33, 34, 38 to 45, 47 to 49 and 65A1st November 20032003/455
schedules 5 to 11
sections 1 and 2, 4 to 13, 32, 35 to 37, 46, 50 and 51, 54 to 57, 59 to 61, 64, 65, 66, 68 to 70, 73, 75 and 76(1) (except in so far as relating to paragraph 30(23)(a) of schedule 12) and (2)28th November 20042003/456
schedules 1 to 3
schedule 12, subject to paragraph 46(3) of that schedule, except paragraph 30(23(a)
schedule 13
(1)

2000 asp 5. Section 77 was amended by the Title Conditions (Scotland) Act 2003 (asp 9), schedule 13, paragraph 15.