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The Land Registration etc. (Scotland) Act 2012 (Commencement No. 1) Order 2012

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Scottish Statutory Instruments

2012 No. 265 (C. 26)

Land Registration

The Land Registration etc. (Scotland) Act 2012 (Commencement No. 1) Order 2012

Made

27th September 2012

Laid before the Scottish Parliament

1st October 2012

Coming into force

1st November 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 123(3) of the Land Registration etc. (Scotland) Act 2012(1).

Citation and commencement

1.  This Order may be cited as the Land Registration etc. (Scotland) Act 2012 (Commencement No. 1) Order 2012 and comes into force on 1st November 2012.

Day appointed

2.  The day appointed for the coming into force of sections 53(4), 64, 107, 108, 109 and 110 of the Land Registration etc. (Scotland) Act 2012 is 1st November 2012.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th September 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 1st November 2012 sections 53(4), 64, 107, 108, 109 and 110 of the Land Registration etc. (Scotland) Act 2012.

Section 108 provides that the Keeper of the Registers of Scotland (“the Keeper”) may provide consultancy, advisory or other commercial services. Section 109 permits the Keeper’s staff to perform the Keeper’s functions if there is a vacancy in that office or the Keeper is ill and no one has been authorised to carry out those functions.

Section 110 enables the Scottish Ministers to provide by order for the fees payable in relation to registration, access to registers and information made available by the Keeper.

The order-making powers in sections 53(4) (forms for the purposes of the Conveyancing (Scotland) Act 1924 (c.27)), 64 (application of advance notices to specific deeds) and 107 (further provision on information to be made available by the Keeper and for access to registers under her management and control) are also commenced.

The Bill for the Land Registration etc. (Scotland) Act 2012 received Royal Assent on 10th July 2012. Sections 113, 114(1), 116, 117, 122, 123 and 124 came into force the following day.

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