Title Conditions (Scotland) Act 2003 | |||||||||||||||||||||||||||||||||||||
2003 Chapter 9 - continued | |||||||||||||||||||||||||||||||||||||
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Schedule 14: Minor and consequential amendments Registration of Leases (Scotland) Act 1857 (c.26). 549. Following the repeal of section 32 of the Conveyancing (Scotland) Act 1874 and section 17 of the Land Registration (Scotland) Act 1979 by schedule 15 of the Act, this amendment provides an alternative mechanism for creating conditions or stipulations which may be specified in an assignation under section 3(2) of the 1857 Act and for postponing the date of effectiveness of such conditions or stipulations. Titles to Land Consolidation (Scotland) Act 1868 (c.101). 550. This amendment ensures consistency with the amendment to section 8 of the 1868 Act made in schedule 12 paragraph 8(4)(a) of the 2000 Act. Conveyancing (Scotland) Act 1924 (c.27). 551. Following the repeal of section 40(3) of this Act by schedule 15, this amendment to section 40(2) makes it clear that a heritable creditor can create real burdens after the appointed day by whatever methods may be competent. Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35). 552. This amendment is made necessary by (i) the repeal by schedule 15 of the Act of sections 1 and 2 of the 1970 Act, and (ii) the consequential repeal, also by schedule 15, of schedule 12 paragraph 30(6)(d)(ii) of the 2000 Act (which replaced the definition of 'interest in land' in section 9 of the 1970 Act with a definition of 'real right in land' as defined in sections 1 and 2 of the 1970 Act). The new definition is in substance the same as that introduced by the 2000 Act. The new subsection 2B is a consequence of the new section 18A introduced by section 114 of the Act. Sub-paragraphs (3) to (5) make consequential amendments to terminology. Prescription and Limitation (Scotland) Act 1973 (c.52). 553. Sub-paragraph (2) amends section 1 of the 1973 Act in the version which is substituted, from the appointed day, by schedule 12 paragraph 33(2) of the 2000 Act. The purpose is to make clear that the right to a real burden cannot be acquired by positive prescription. 554. Sub-paragraph (3) replaces the reference to 'land obligation' with a reference to 'title condition'. The term 'land obligation' is used in sections 1 and 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970 to identify the rights which are capable of discharge by the Lands Tribunal. Sections 1 and 2 of the 1970 Act are repealed by schedule 15 of the Act. The replacement term in the Act is 'title condition' (defined in section 122(1)) the change being one of name rather than of substance. 555. Sub-paragraph (4) makes an amendment of terminology which was overlooked by paragraph 33 of schedule 12 to the 2000 Act. Land Tenure Reform (Scotland) Act 1974 (c.38). 556. This amendment replaces the reference to 'land obligation' with a reference to 'title condition'. The term 'land obligation' is used in sections 1 and 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970 to identify the rights which are capable of discharge by the Lands Tribunal. Sections 1 and 2 of the 1970 Act are repealed by schedule 15 of the Act. The replacement term in the Act is 'title condition' (defined in section 122(1)). The change is one of name rather than of substance. Land Registration (Scotland) Act 1979 (c.33). 557. The amendments in sub-paragraph (2) are consequential on the repeal, in schedule 15, of sections 17 and 18 of the 1979 Act. 558. For the most part sub-paragraph (3) repeats an amendment made prospectively by schedule 12 paragraph 39(3)(c) of the 2000 Act (which is repealed by schedule 15 of the Act). This is necessary because the amendment is capable of relating to Part 3 of the Act. Sub-paragraph (3) comes into force on the day after Royal Assent (section 129(3)) and not on the appointed day, as was the position under the 2000 Act. The only addition to the earlier version of the amendment is a reference to section 41(a) of the Act. This makes clear that it is not necessary to expede a notice of title in the case of a conservation burden which is already on the Land Register. 559. Sub-paragraph (4) extends the meaning of "condition" in section 6 to include servitudes created by a deed registered under section 75(1) and rules of the development management scheme. 560. Sub-paragraph (5) amends section 12(3) of the 1979 Act to ensure that the provisions on the Keeper's indemnity do not extend to the enforceability of sporting rights registered in the Land Register. It also extends the meaning of condition to include a rule of the development management scheme. Servitudes created under section 75 are already covered by section 12(3)(l) of the 1979 Act. 561. Sub-paragraph (6) repeats an amendment made prospectively by schedule 12 paragraph 39(6)(b) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (which is repealed by schedule 15 of the Act). This is necessary because the amendment is capable of relating to Part 3 of the Act. Sub-paragraph (4) comes into force on the day after Royal Assent (section 129(3)) and not on the appointed day, as was the position under the 2000 Act. 562. Sub-paragraph (7) amends section 28(1) as a consequence of the treatment of sporting rights as separate tenements under section 65A of the 2000 Act (as inserted by section 114 of the Act). As a result, a sporting right registered in the Land Register will have its own title sheet. Ancient Monuments and Archaeological Areas Act 1979 (c.46). 563. Section 17(7)(b), which provides that sections 1 and 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970 are not to apply to agreements made under section 17, is repealed as (i) sections 1 and 2 of the 1970 Act are repealed by schedule 15 of the Act, and (ii) a section 17 agreement would not fall within the successor provisions (i.e. Part 8 of the Act) because they are not 'title conditions' as defined in section 122(1). Health and Social Services and Social Security Adjudications Act 1983 (c.41). 564. Section 23(1)(b) refers to an 'interest in land' as defined in section 9(8) of the Conveyancing and Feudal Reform (Scotland) Act 1970. That definition has now been replaced by a definition of 'real right in land' (see schedule 14, paragraph 4 of this Act). This amendment makes the necessary adjustment to section 23. 565. Feudal terminology is also replaced, following the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Further and Higher Education (Scotland) Act 1992 (c.37). 566. This amendment replaces the reference to 'land obligations' with a reference to 'title conditions'. The term 'land obligation' is used in sections 1 and 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970 to identify the rights which are capable of discharge by the Lands Tribunal. Sections 1 and 2 of the 1970 Act are repealed by schedule 15 of the Act. The replacement term in the Act is 'title condition' (defined in section 122(1)), the change being one of name rather than of substance. Crofters (Scotland) Act 1993 (c.44). 567. This amendment to section 16(6) replaces the reference to 'land obligations' with a reference to 'title conditions'. The term 'land obligation' is used in sections 1 and 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970 to identify the rights which are capable of discharge by the Lands Tribunal. Sections 1 and 2 of the 1970 Act are repealed by schedule 15 of the Act. The replacement term in the Act is 'title condition' (defined in section 122(1)), the change being one of name rather than of substance. Standards in Scotland's Schools etc. Act 2000 (asp 6). 568. This amendment to section 58(1) replaces the reference to 'land obligations' with a reference to 'title conditions'. The term 'land obligation' is used in sections 1 and 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970 to identify the rights which are capable of discharge by the Lands Tribunal. Sections 1 and 2 of the 1970 Act are repealed by schedule 15 of the Act. The replacement term in the Act is 'title condition' (defined in section 122(1)), the change being one of name rather than of substance. Mortgage Rights (Scotland) Act 2001 (asp.11) 569. This paragraph makes consequential changes to the terminology used by the Mortgage Rights (Scotland) Act 2001 to reflect the changes made by paragraph 4 of Schedule 14 to the Conveyancing and Feudal Reform (Scotland) Act 1970. Schedule 15: Repeals 570. This schedule deals with the repeals that are made necessary or possible as a result of the reform of the law of real burdens and related reforms. Registration Act 1617. 571. References to reversions and regresses are removed in consequence of the repeal of the Reversion Act 1469 by section 89 of the Act. Redemptions Act 1661. 572. The Act is wholly obsolete and is repealed with the repeal of the Reversion Act 1469 by section 89 of the Act. Registration of Leases (Scotland) Act 1857: section 3. 573. Section 3(5) falls in consequence of the repeal of section 32 of the Conveyancing (Scotland) Act 1874 and section 17 of the Land Registration (Scotland) Act 1979 by this schedule. Conveyancing (Scotland) Act 1874: section 32 and Schedule H. 574. The first half of section 32 repeats a power that is already available at common law. The second half of section 32 (which permits the creation of a real burden in a deed of conditions) is repealed in consequence of section 4(2) of the Act. In future it will be possible to create a real burden using any deed which satisfies the conditions set out in section 4(2). Conveyancing (Scotland) Act 1924. Section 9, Schedule E. 575. This section, which exempts heritable securities from having to contain burdens and provides a mechanism for other cases where burdens have been omitted, is repealed as a result of section 68 of the Act. 576. Section 40(3), which enables a heritable creditor to create real burdens by using a deed of conditions under section 32 of the Conveyancing (Scotland) Act 1874, is repealed following the repeal of section 32 itself. See also the note to paragraph 3 of schedule 13. 577. The repeal in schedule B is consequential on the repeal by this schedule of section 32 and schedule H of the Conveyancing (Scotland) Act 1874. 578. Schedule O: warrants of registration will in terms of section 5(1) of the 2000 Act no longer be required. Church of Scotland (Property and Endowments) Act 1925: section 22. 579. This repeal should be read with section 85 of the Act. Church of Scotland (Property and Endowments)(Amendment) Act 1933 (c.24) 580. This repeal is to allow the order to be made under section 108 to make provisions relating to the setting and determination of price. Conveyancing Amendment (Scotland) Act 1938: section 9. 581. This section, which limits the effect of certain rights of pre-emption, is replaced by section 84 of the Act. Conveyancing and Feudal Reform (Scotland) Act 1970. 582. Sections 1, 2 and 7, schedule 1. Part 8 of the Act introduces a revised jurisdiction for the Lands Tribunal in relation to the discharge of real burdens, servitudes and other title conditions in place of the jurisdiction conferred by the provisions here repealed. 583. Section 53. The definition in section 53(4) is repealed in consequence of the repeal of those sections of the 1970 Act where the term 'prescribed' is found, namely section 2 (by this schedule) and section 4 (by schedule 13 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000). Land Tenure Reform (Scotland) Act 1974: section 19. 584. This repeal is in consequence of the repeal, by this schedule, of section 2 of the Conveyancing and Feudal Reform (Scotland) Act 1970. Land Registration (Scotland) Act 1979. 585. Paragraph (a) of section 15(2) lists a number of provisions. Its repeal is consequential on the repeal, by this Act, of those provisions (Paragraph (a) is amended, prospectively, by schedule 12 paragraph 39(6)(a) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000, but that amendment now falls). 586. Section 17 provides that, except where the deed says otherwise, a deed of conditions under section 32 of the Conveyancing (Scotland) Act 1874 takes effect immediately on registration. It falls in consequence of the repeal of section 32 by this schedule. 587. Section 18, concerning the effect of registration of a discharge etc, is replaced by sections 15 and 48 of the Act. Aviation Security Act 1982: Schedule 1. 588. This repeal is consequential on the abolition of feuduties and ground annuals by Part 3 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Housing (Scotland) Act 1987: section 72. 589. This repeal is consequential on the abolition of pecuniary real burdens by section 117 of the Act. Aviation and Maritime Security Act 1990: section 2. 590. This repeal is consequential on the abolition of feuduties and ground annuals by Part 3 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Enterprise and New Towns (Scotland) Act 1990: section 32. 591. This repeal is consequential on the amendments made to the Act by section 113 of the Act. Further and Higher Education (Scotland) Act 1992: Schedule 3. 592. This repeal is consequential on the abolition of feuduties and stipends by Part 3 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Requirements of Writing (Scotland) Act 1995: section 13(2). 593. The section is repealed as it referred to section 78 of the Titles to Land Consolidation (Scotland) Act 1868, which is to be repealed by the 2000 Act. Abolition of Feudal Tenure etc. (Scotland) Act 2000 594. The repeal of provisions in this Act comes into force on the day after Royal Assent (section 129(4)). 595. The reference in section 17(1) falls with the repeal of section 23 of the Act. 596. Section 20(8)(b) and (c) are unnecessary because of the extinguishing of feudal burdens by section 17(1) of the 2000 Act. 597. Section 23 is replaced by section 56 of the Act. 598. Section 24: The reference falls with the repeal of section 23 of the Act. 599. Section 26 is replaced by section 38 of the Act. 600. Section 28: The reference falls in consequence of the repeal of section 31 of the Act. 601. Section 29 is replaced by section 39 of the Act. 602. Section 30 is replaced by section 41 of the Act. 603. Section 31 is replaced by section 42 of the Act. 604. Section 32 is replaced by section 38(3) of the Act. 605. Section 49: This definition is replaced by subsection (9) of new section 65A of the 2000 Act as inserted by section 114 of the Act. 606. Section 60(2) is replaced by section 44(2) of the Act. 607. Section 77: This is consequential on the repeal, by this schedule, of section 15(2)(a) of the Land Registration (Scotland) Act 1979 and schedule 12 paragraph 39(6) of the 2000 Act. 608. Schedule 8: The words repealed would not have been a possible outcome of sections 27 and 28 of the 2000 Act. 609. Schedule 12 to the 2000 Act contains minor and consequential amendments resulting from feudal abolition and the other reforms dealt with in the Act. As the Act now replaces and (in this schedule) repeals some of the provisions referred to in schedule 12, the relevant paragraphs of schedule12 fall to be repealed in turn. Of the repeals listed, only the following do not come into the category just described:
610. Schedule 13 to the 2000 Act contains repeals resulting from feudal abolition and the other reforms dealt with in the Act. As the Act now replaces and (in this schedule) repeals some of the provisions referred to in schedule 13, the relevant parts of schedule 13 fall to be repealed in turn. The only repeal not falling into this category is of words in section 3(6) of the Land Registration (Scotland) Act 1979. Section 3(6) is not repealed by the Act but it is re-cast by schedule 13 paragraph 7(3) in a way which supersedes the original repeal. PARLIAMENTARY HISTORY FOR THE TITLE CONDITIONS (SCOTLAND) ACT 2003 The following table sets out, for each Stage of the proceedings in the Scottish Parliament on the Bill for this Act, the dates on which proceedings at that Stage took place, the references to the Official Report of those proceedings and the dates on which Committee Reports were published and the references to those Reports.
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© Crown copyright 2003 | Prepared: 28 April 2003 |