The Long Leases (Appeal Period) (Scotland) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

Section 78 of the Long Leases (Scotland) Act 2012 (“the Act”) provides that certain notices and agreements are registrable in the Land Register of Scotland or the Register of Sasines despite having been rejected by the Keeper of the Registers of Scotland (“the Keeper”).

These notices and agreements can be registered following a determination by the Court of Session, the sheriff court or the Lands Tribunal for Scotland that they are registrable. This Order provides that any application for such a determination must be made no later than 8 weeks after the rejection by the Keeper. That determination may be sought in respect of:—

(a) a notice submitted before the appointed day for registration under section 8(2) of the Act (conversion of reserved sporting rights) or Part 2 of the Act (conversion of certain leasehold conditions to real burdens);

(b) an agreement submitted before the appointed day for registration under section 17(1)(c) of the Act (conversion by agreement of a qualifying condition to a real burden);

(c) an exemption notice submitted before the day falling 2 months before the appointed day for registration under section 63 of the Act (exemption notice); and

(d) an agreement submitted before the day falling 2 months before the appointed day for registration under section 64(1)(c) of the Act (agreement that annual rent under the lease exceeds £100).