The Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014
In accordance with section 64(2) of the Land Registration Act, the Scottish Ministers have consulted the Keeper of the Registers of Scotland.
In accordance with section 116(3)(e) and (4)(b) of the Land Registration Act and section 81(3) of the Long Leases Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014.
(2)
It comes into force on 8th December 2014.
(3)
In this Order, “the Land Registration Act” means the Land Registration etc. (Scotland) Act 2012.
Primary legislation
Amendment of the Prescription and Limitation (Scotland) Act 1973 and consequential repeal2.
(1)
(2)
In paragraph 18 of schedule 5 to the Land Registration Act (minor and consequential modification of the Prescription and Limitation (Scotland) Act 1973)—
(a)
in sub-paragraph (6), for “sub-paragraph (ac)” substitute “sub-paragraph (aca)”; and
(b)
sub-paragraph (7)(a) is repealed.
Amendment of the Requirements of Writing (Scotland) Act 19953.
Land Registration Act - advance notices for deeds in relation to registered leases4.
Land Registration Act - shared and sharing leases5.
In schedule 1 to the Land Registration Act (registered leases tenanted in common)—
(a)
in paragraph 7(b), for “that” substitute “the shared lease”; and
(b)
in paragraph 7(c), for “the shared lease title sheet” substitute “that title sheet”.
Land Registration Act – transitional provisions6.
“Common areas: Sasine arrangements
11A.
For the period beginning with the designated day and ending with the day before the date prescribed by an order under section 48(3)—
(a)
section 7(1)(b) applies only to shares of proprietors whose right is registered,
(b)
in the case of ownership in common, section 8(1) applies only to heritable securities granted by a proprietor whose right is registered,
(c)
section 17(3)(b) applies to such of the plots of land mentioned in section 17(1)(a) as are registered,
(d)
section 27(2) applies also to a person whose right in the plot is registered only as proprietor of a share in the plot, and
(e)
section 48(1)(d) applies as if a registered plot of land means a registered share of a plot of land owned in common.
Assignation of registered leases: Sasine arrangements
11B.
For the period beginning with the designated day and ending with the day before the date prescribed by an order under section 48(3), for an application under section 21(1) to register an assignation of a registered lease where the subjects of the lease consist of or form part of an unregistered plot of land, the conditions in section 26 apply with the effect that—
(a)
in subsection (1)(b), “plot of land” is to be read as “lease”,
(b)
in subsection (1)(c), “title sheet” is to be read as “lease title sheet”,
(c)
subsections (1)(d), (3), (4) and (5) do not apply, and
(d)
in subsection (2), “plot” in both places it occurs is to be read as “lease”.”.
Secondary legislation
Amendment of the Register of Sasines (Application Procedure) Rules 20047.
(1)
(2)
“2.
An application for the recording in the Register of Sasines of—
(a)
a deed is made on the form set out in Part 1;
(b)
an advance notice is made on the form set out in Part 2; and
(c)
a discharge of an advance notice is made on the form set out in Part 3,
of the Schedule.”.
(3)
(4)
In rule 6 (acceptance of a deed for recording), on both occasions after “deed” occurs, insert “, advance notice or discharge of an advance notice”.
(5)
(a)
before the form set out, insert “Part 1”;
(b)
after that form, insert the forms set out in the Schedule to these Regulations; and
(c)
the heading to the Schedule becomes “Form of application for recording a deed, advance notice or discharge of advance notice in the Register of Sasines”.
Amendment of the Crofting Register (Transfer of Ownership) (Scotland) Regulations 20128.
(1)
(2)
In regulation 2 (transfer of ownership of owner–occupied croft)—
(a)
“(a)
on the registration in the Land Register of Scotland of a deed transferring—
(i)
an unregistered; or
(ii)
a registered,
plot of land on which the croft is situated;”; and
(b)
omit paragraph (b).
(3)
In regulation 3 (transfer of ownership of land on which croft or common grazing is situated)—
(a)
“(a)
on the registration in the Land Register of Scotland of a deed transferring—
(i)
an unregistered; or
(ii)
a registered,
plot of land on which the croft or common grazing is situated;”; and
(b)
omit paragraph (b).
St Andrew’s House,
Edinburgh
SCHEDULE
This Order makes provision for the purposes of the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”).
Article 2 amends the 5-year negative prescriptive period for obligations relating to land in the Prescription and Limitation (Scotland) Act 1973, with consequential repeal in schedule 5 to the 2012 Act, for the purposes of, in consequence of, or for giving full effect to the provisions on compensation in the 2012 Act and in connection with the Long Leases (Scotland) Act 2012.
Article 3 repeals section 1(2A) and (2B) of the Requirements of Writing (Scotland) Act 1995 to remove provisions relating to the registration of electronic documents in the Automated Registration of Title to Land system operated by the Keeper of the Registers of Scotland, in consequence of their replacement by section 99 of the 2012 Act (and other provisions of Part 10 of the 2012 Act).
Article 4 modifies the procedure to make advance notices for leases registered in the Land Register of Scotland registrable in the land register, in accordance with the power in section 64 of the 2012 Act to modify the application of Part 4 in relation to specified deeds.
Article 5 makes a minor correction to the 2012 Act to clarify the entries in the title sheets for shared and sharing leases, in line with the provision for shared and sharing plots in sections 18 and 20 of the 2012 Act.
Article 6 makes provision transitional upon the closing to new deeds of the Register of Sasines. They provide firstly for the treatment of land owned in common where the plot is registered yet some of the rights of the proprietors are not registered; and secondly for the registration of an assignation of a registered lease where the subjects of the lease are not registered.
Article 7 and the Schedule make consequential amendments to the Register of Sasines (Application Procedure) Rules 2004 to update those rules for the 2012 Act and insert provisions for application forms for advance notices and discharges of advance notices.
Article 8 makes consequential amendments to the Crofting Register (Transfer of Ownership) (Scotland) Regulations 2012 to make the terms used to describe a transfer to land registered in the Land Register consistent with the 2012 Act and to take account of the operation of section 48 of that Act.