Office of Public Sector Information
SCHEDULE 12 continued PART 1 continued
(17) Sections 52 (decrees of service unchallengeable on certain grounds), 53 (form of completing title to heritable securities under a general disposition), 57 (certain offences abolished, and the duties of the Sheriff of Chancery, &c. enlarged) and 58 (provisions as to Chancery office) shall cease to have effect.
(18) In section 59 (application to lands held of the Crown and Prince) the words “shall apply to lands held of the Crown and of the Prince, in the same way as to lands held of a subject superior, but” shall cease to have effect.
(19) Section 60 (title to private estates of Her Majesty in Scotland) shall cease to have effect.
(20) Schedules A (form of notice to be given to a superior of change of ownership), B (form of summons of declarator and for payment of a casualty), C (form of minute for effecting consolidation of lands), D (being the form of memorandum of allocation of feu-duty; and not that Schedule D substituted for Schedule O by section 8(1) of the Conveyancing (Scotland) Act 1924), F (form of discharge of casualties) and G (form of memorandum constituting a feu-duty or additional feu-duty) shall cease to have effect.
(21) In Schedule H (form of reference to a deed, instrument or writing for reservations, burdens and conditions affecting lands), the word “,instrument”, where it last occurs, shall cease to have effect.
(22) Schedule L (form of certificate where lands are sold under a heritable security and no surplus emerges and form of certificate where lands have been redeemed of a heritable security but discharge cannot be obtained) shall cease to have effect.
(23) In Schedule M (form of assignation of right of relief etc.), the words from “, e.g. ],” to “or as the case may be” shall cease to have effect.
(24) Schedule N (form of instrument in favour of a general disponee or his assignee in right of a heritable security) shall cease to have effect.
10 In section 6 of the Writs Execution (Scotland) Act 1877 (provision that writs registered in the Register of Sasines for preservation only may afterwards be registered for preservation and execution)—
(a) the words “upon a warrant of registration” shall cease to have effect; and
(b) for the words “having a warrant of registration written thereon, bearing” substitute “with, written on the extract, a statement to the effect”.
11 (1) The Conveyancing (Scotland) Acts (1874 and 1879) Amendment Act 1887 shall be amended in accordance with this paragraph.
(2) Sections 1 (limitation of liability of trustees for casualties), 3 (novodamus not challengeable because lands not resigned into superior’s hands) and 4 (decree of irritancy not final till extract recorded) shall cease to have effect.
(3) In section 5 (letters of administration of will, &c. equivalent to will for authorisation of notary to expede instrument)—
(a) the words “The production to any notary public of” shall cease to have effect;
(b) for the words “or of an exemplification” substitute “or an exemplification”;
(c) the words “expeding a notarial instrument, or otherwise” shall cease to have effect;
(d) for the word “estate” substitute “land or real right”; and
(e) the words from “; and it shall not” to the end shall cease to have effect.
12 In section 25 of the Military Lands Act 1892 (application to Scotland), after subsection
(1) there shall be added—
“(1A) Any reference to an “estate” in land shall be construed as a reference to a right in land and as including a reference to ownership of land.”.
13 (1) The Heritable Securities (Scotland) Act 1894 shall be amended in accordance with this paragraph.
(2) In section 6 (power to lease security subjects for seven years or under), for the words “disponed in security” substitute “by virtue of an adjudication”.
(3) In section 7 (sheriff may grant power to lease security subjects for longer periods, not more than 21 years for heritable property in general and 31 years for minerals)—
(a) for the words “disponed in security”, where they first occur, substitute “by virtue of an adjudication”; and
(b) where they occur for the second time they shall cease to have effect.
(4) Sections 8 (provisions for security holders becoming proprietors of security subjects), 9 (completion of title of security holders etc.) and 10 (purchaser’s title indefeasible) shall cease to have effect.
(5) In section 12 (provisions anent procedure), the word “, eight,” shall cease to have effect.
(6) In section 13 (provisions of Act to have effect notwithstanding incapacity of debtor etc.), for the words—
(a) “conferred by this Act” substitute “under a heritable security”;
(b) “under this Act” substitute “by a creditor in exercise of those rights and powers”; and
(c) “such debtor, proprietor,” substitute “the debtor, proprietor, other”.
(7) Sections 14 (provision as respects security holders under Registration of Leases (Scotland) Act 1857), 15 (jurisdiction of sheriff in all cases instituted under or in connection with Act), 16 (provision as to notice where debtor has died and heir cannot be traced) and 17 (saving) shall cease to have effect.
(8) Schedule (D.) (form of decree whereby security holder becomes proprietor of security subjects) shall cease to have effect.
14 (1) The Entail (Scotland) Act 1914 shall be amended in accordance with this paragraph.
(2) In section 2 (Entail Act 1685 not to apply to future deeds)—
(a) for the words “The Entail Act, 1685, shall not apply to any” substitute “No”;
(b) for the words “, the effect of which would be” substitute “shall be effective”; and
(c) the words “and any clause of consent to registration in the register of entails”, and the provisos, shall cease to have effect.
(3) Sections 3 to 8 (further facilities for disentail, etc.) shall cease to have effect.
(4) In section 10 (interpretation), the words “, unless the contrary intention appears,” and “, and the words “heir of entail” shall include the institute” shall cease to have effect.
15 (1) The Conveyancing (Scotland) Act 1924 shall be amended in accordance with this paragraph.
(2) In section 2(1)(b) (definition of “heritable securities” and “securities”), the words from “real burdens” to “them, and” shall cease to have effect.
(3) In section 3 (disposition etc. by person uninfeft)—
(a) the words “last infeft or” shall cease to have effect; and
(b) for the words from “in all respects” to the end substitute “completed”.
(4) In section 4 (completion of title)—
(a) in subsection (1), for the words “last infeft” substitute “having the last recorded title”;
(b) in subsection (2)—
(i) for the words “last infeft” substitute “having the last recorded title”; and
(ii) the words “by infeftment” shall cease to have effect;
(c) in subsection (3)—
(i) the words from “, or in the case” to “that Schedule” shall cease to have effect; and
(ii) for the words from “last infeft” to the end substitute “having the last recorded title to the heritable security”; and
(d) in subsection (4)—
(i) for the words “infeft him therein and in” substitute “completed his title thereto and to”;
(ii) the words “, or in the case of a ground annual in or as nearly as may be in the terms of Form No. 6 of that Schedule” and from “And on such notice” to the end, shall cease to have effect.
(5) In section 5 (deduction of title)—
(a) in subsection (1)—
(i) for the words “any estate or interest in or security over” substitute “any real right in”;
(ii) after the words “instrument could” insert “(before the day appointed by order made under section 71 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5))”; and
(iii) for the words “an estate or interest in or security over” substitute “a real right in”;
(b) in subsection (2)(a)—
(i) the words “infeft or uninfeft, or” shall cease to have effect; and
(ii) for the words “and seventh sections” substitute “section”; and
(c) in subsection (3)(a), the words “last infeft or” shall cease to have effect.
(6) Section 6 (notice of title equivalent to notarial instrument) shall cease to have effect.
(7) In section 8 (description by reference), subsection (2) shall cease to have effect.
(8) In section 9 (amendment of law as to reference to conditions of title)—
(a) in subsection (1), the words—
(i) “, whether prohibitory, irritant, resolutive or otherwise,”;
(ii) “, instrument”, where it secondly occurs;
(iii) “(including any disposition granted by a creditor to himself pursuant to section eight of the Heritable Securities (Scotland) Act, 1894)”; and
(iv) from “, and where” to the end; and
(b) in subsection (4), the words “, although the warrant of registration thereon shall be on behalf of the granter only”,
shall cease to have effect.
(9) Sections 10 (warrants of registration), 11 (consolidation of superiority and property), 12 (abolition and commutation of grain, etc., feu-duties) and 13 (allocation of feu-duty) shall cease to have effect.
(10) In section 19 (applicability of forms prescribed by Act), the words “or fee” shall cease to have effect.
(11) Sections 20 (ratification by married woman) and 23 (assignation of ground-annuals) shall cease to have effect.
(12) In section 24 (registered leases: assimilation of forms)—
(a) the words “, including power of sale and other rights under a bond and disposition in security,” and “, and such forms shall have the same force and effect as the corresponding forms prescribed by the Registration of Leases (Scotland) Act 1857,” shall cease to have effect;
(b) in paragraph (1) of the proviso—
(i) after the word ““lessee”” there shall be inserted “and”; and
(ii) the words from “, for “infeft”” to the end shall cease to have effect; and
(c) in paragraph (5) of the proviso, the words from “by notarial instrument” to “law and practice” shall cease to have effect.
(13) Sections 25 (form of bond and disposition in security) and 26 (heritable creditors' remedies for recovery of feu-duties and ground-annuals) shall cease to have effect.
(14) Sections 28 to 39 (provisions as respects heritable securities) shall cease to have effect.
(15) In section 40(1) (exposure in lots and apportionment of feu-duty)—
(a) for the words “The land, or any part thereof,” substitute “Land, or any part thereof, sold in exercise of a power of sale under a bond and disposition in security”; and
(b) the words “feu-duty, ground-annual, stipend,” and “feu-duty and casualties, ground annual, stipend or” shall cease to have effect.
(16) In section 41(1) (purchasers protected), for the words “under sections thirty-two to forty, inclusive, of this Act” substitute “relating to the redemption or calling up of, or a sale under, a bond and disposition in security”.
(17) Sections 42 (mode of disburdening land sold under power of sale in heritable security) and 43 (application of Act to all heritable securities) shall cease to have effect.
(18) In section 49 (saving), subsection (1) shall cease to have effect.
(19) In Schedule A—
(a) the heading to Form No.1 shall be—
(b) in Form No.1, for the words—
(i) “last infeft” substitute “having last recorded title”; and
(ii) “infeftment” substitute “recorded title”.
(20) In Schedule B (notice of title)—
(a) in Form No.1, for the words—
(i) “last infeft” substitute “having last recorded title”; and
(ii) “infeftment” substitute “recorded title”;
(b) in Form No. 3, the words “last infeft therein, or” shall cease to have effect; and
(c) Forms Nos. 4 and 6 shall cease to have effect.
(21) In the Notes to Schedule B—
(a) in Note 1, for the word “infeftment” substitute “recorded title”; and
(b) in Note 3—
(i) for the words “infeftment upon” substitute “title to”; and
(ii) for the words “including a ground annual has been taken” substitute “has been completed”.
(22) Schedules F (warrants of registration), G (minute of consolidation) and H (memorandum of allocation of feu duty not endorsed on a deed), and the Notes to Schedule F, shall cease to have effect.
(23) Schedules K, L, M and N (forms relating to bonds and dispositions in security), and the
16 (1) The Church of Scotland (Property and Endowments) Act 1925 shall be amended in accordance with this paragraph.
(2) In section 22 (burgh churches)—
(a) in subsection (2)(h), the word “feuing,”; and
(b) in subsection (3), the word “feu,”,
shall cease to have effect.
(3) Section 27 (proceedings relating to certain matters) shall cease to have effect.
(4) In section 28 (transfer of rights in parish churches and manses)—
(a) in subsection (3)(b)—
(i) for the words “all rights of property in” substitute “the ownership of”; and
(ii) the words from “, to the same effect” to the end shall cease to have effect; and
(b) subsections (6) to (8) shall cease to have effect.
(5) In section 30(3) (orders relating to glebes)—
(a) in paragraph (c), the words from “, whether as” to “in place of the minister”;
(b) in paragraph (e), the words “feu-duties and Government or other” and from “under or in pursuance” to “made by a minister”; and
(c) paragraph (f),
shall cease to have effect.
(6) Section 31 (redemption of feu-duty affecting glebe) shall cease to have effect.
(7) In section 34 (provisions relating to quoad sacra parishes)—
(a) in subsection (1)—
(i) in paragraph (b), the words “and certified by the Clerk of Teinds”; and
(ii) paragraph (e);
(b) subsection (3); and
(c) in subsection (4)(iii), the words “feu-duties, ground annuals, bonds of annual rent, or other”, “with the sanction of the Court of Teinds” and “or payment of the feu— duty thereon”,
shall cease to have effect.
(8) In section 35(7) (interpretation), the words “uninfeft or infeft” shall cease to have effect.
(9) In section 36 (requirements of parish to be first charge on endowments), the proviso shall cease to have effect.
(10) In section 37 (powers of General Trustees), the words “heritor or other” shall cease to have effect.
(11) Sections 39 (allocation of certain money by General Trustees), 40 (redemption of manse maill, etc.) and 41 (provisions relating to Court of Teinds) shall cease to have effect.
(12) In section 42 (application to Crown lands), the words from “, and to the teinds” to the end shall cease to have effect.
(13) Sections 45 (saving for obligations of relief) and 46 (saving for superiors) shall cease to have effect.
(14) In section 47 (interpretation)—
(a) in subsection (1), in the definition of “Stipend”, the words “, including any allowance for communion elements payable by heritors out of teinds”; and
(b) subsections (2) and (3),
shall cease to have effect.
(15) The First to the Seventh Schedules shall cease to have effect.
17 (1) The Church of Scotland (Property and Endowments) Amendment Act 1933 shall be amended in accordance with this paragraph.
(2) In section 7 (suppression or union of parishes)—
(a) paragraph (ii) of the proviso; and
(b) the word “and” immediately preceding that paragraph,
shall cease to have effect.
(3) In section 8(1) (obligation of third party as respects endowments of parish quoad sacra etc.), the words “, or any obligation at common law for payment of the stipend or part of the stipend of the parish being a parish quoad omnia” shall cease to have effect.
(4) In section 9 (rights of superiors and others)—
(a) subsections (1) and (2) shall cease to have effect; and
(b) in subsection (3)—
(i) for the word “heritor”, in both places where it occurs, substitute “person”; and
(ii) the words “or take in feu” and “or feu-duty” shall cease to have effect.
(5) Sections 10 (vesting of stipends of ministers of burgh churches, etc.) and 11 (vesting of glebe feu-duties etc.) shall cease to have effect.
18 (1) The Conveyancing Amendment (Scotland) Act 1938 shall be amended in accordance with this paragraph.
(2) Sections 6 (actions of declarator of irritancy) and 8 (prohibition of subinfeudation annulled) shall cease to have effect.
(3) For section 9 there shall be substituted—
(1) Any right of pre-emption of land, being a right created in a deed or other writing executed after 1st September 1974 or in a grant in feu of any date, in favour of any person, in the event of a sale of, or of any part of, the land by the proprietor for the time being (whether or not the right purports to be exercisable on more than one occasion) shall, with all irritant clauses applicable to the right, be null and void and not capable of being enforced as regards the land or part unless within—
(a) twenty-one days after an offer has been made by the proprietor to the person in whom the right is vested; or
(b) such shorter period after an offer has been so made as may be specified in the writing stipulating for the right,
the person accepts the offer.
(2) Subsection (1) above is without prejudice to section 17 (extinction of superior’s rights) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5).
(3) Any such offer may be made by delivering it to the person (or to the agent or factor of the person) or by sending it by registered letter to the person (or to such agent or factor) at his usual or last known address or, if the person is unknown or cannot be found, to the Extractor of the Court of Session.
(4) Either—
(a) an acknowledgment endorsed on the offer, or on a copy of the offer, by the person (or by his agent or factor); or
(b) where the offer is sent by registered letter, a certificate subscribed by the proprietor (or the proprietor’s solicitor) that the offer was duly posted, with the Post Office receipt for the registered letter attached, shall be sufficient evidence that the offer was duly made on the date stated in the acknowledgment or, as the case may be, on the date of the Post Office receipt.”.
19 (1) The National Parks and Access to the Countryside Act 1949 shall be amended in accordance with this paragraph.
(2) For section 26 substitute—
In the application of this Part of this Act to Scotland the expression “limited owner”, in relation to land, means a liferenter in possession of that land.”.
(3) In section 114(1) (interpretation), in the definition of “owner”—
(a) after the words “except in Part III of this Act” insert “or in relation to Scotland,”; and
(b) the words “and as respects Scotland has the meaning assigned to it by section twenty-six of this Act” shall cease to have effect.
20 (1) The Town and Country Planning (Scotland) Act 1954 shall be amended in accordance with this paragraph.
(2) In section 55 (compensation for damage to requisitioned land), for subsection (2) substitute—
“(2) The said values are—
(a) the value, at the time when the compensation accrues due, of the land in question (it being presumed that the land is subject to any servitude or other restriction then affecting it but otherwise is free from burdens); and
(b) the value which such land would have at that time (on the same presumption as is mentioned in paragraph (a) above) if the land were then in the state in which it was when possession was taken in the exercise of emergency powers.”.
(3) Section 69 (interpretation) shall cease to have effect.
21 In section 25(2) of the Land Powers (Defence) Act 1958 (interpretation), after paragraph
(b) there shall be inserted—
“(bb) any reference to an “interest” in land, however expressed, shall be construed as a reference to a right in, or interest in, land and as including a reference to ownership of land;”.
22 In section 52 of the Opencast Coal Act 1958 (general application to Scotland)—
(a) in subsection (2) in the definitions of “freehold interest” and “owner”, the words “of the dominium utile” shall cease to have effect; and
(b) subsections (6) to (8) shall cease to have effect.
23 In section 32(1) of the Caravan Sites and Control of Development Act 1960 (application of Part I of Act to Scotland), for paragraph (d) substitute—
“(d) the reference in subsection (3) of section one of this Act to an estate or interest in land shall be construed as a reference to a right in, or to, land and the references in that subsection and in section twelve of this Act to a licence in respect of land shall be construed as not including a tenancy of land;”.
24 In section 15(1) of the Flood Prevention (Scotland) Act 1961 (interpretation), in the definition of “interest”, for the words “estate in or right” substitute “right in or”.
25 (1) The Land Compensation (Scotland) Act 1963 shall be amended in accordance with this paragraph.
(2) In section 10 (consolidation of proceedings on claims in respect of several interests in the same land), for the words “acquisition of the several interests” substitute “acquisition of several interests”.
(3) In section 20 (consideration in respect of discharge of feu-duty etc.)—
(a) in subsection (1), the words “the dominium utile in”, in both places where they occur, shall cease to have effect;
(b) in subsection (2), the words “feu-duty, or ground annual or other” and “(not being stipend or standard charge in lieu of stipend)” shall cease to have effect;
(c) in subsection (3), for the words “dominium utile” substitute “land”;
(d) in subsection (7), the words “dominium utile in any” shall cease to have effect; and
(e) in subsection (8), the words “the dominium utile in” shall cease to have effect.
(4) In section 27(3) (application for certificate of alternative development), the words “and that interest is the dominium utile of the land,”, “feu-duty or ground annual or other” and “(not being stipend or standard charge in lieu of stipend)” shall cease to have effect.
(5) In section 28 (provisions as respect certain regulations under section 275(1)(c) of the Town and Country Planning (Scotland) Act 1997)—
(a) in paragraph (e), the words “the dominium utile of” and, in both places where they occur, “feu-duty or”; and
(b) in paragraph (f), the words “the dominium utile of”,
shall cease to have effect.
(6) In section 32(6)(b) (provision for notification to planning authority in certain circumstances), for the words “dominium utile” substitute “ownership”.
(7) In section 45 (interpretation)—
(a) after subsection (1) insert—
“(1A) Any reference in this Act to an “interest” in land shall be construed as a reference to a right in land and as including a reference to ownership of land.”; and
(b) subsections (8) and (9) shall cease to have effect.
(8) In Schedule 2 (acquisition of houses which do not meet the tolerable standard), in paragraph 2(2), the words “the superior of, and” shall cease to have effect.
26 In section 7 of the Local Government (Development and Finance)(Scotland) Act 1964 (power to make advances for erection of buildings), for subsection (6) substitute—
“(6) The security for an advance made under this section shall be taken at the time of making or, in the case of an agreement to sell or let the land, at the time of the conveyance or of the lease.”.
27 (1) The Forestry Act 1967 shall be amended in accordance with this paragraph.
(2) In section 5(3) (recording of forestry dedication agreement affecting land in Scotland), in the proviso, for the words “completed by infeftment” substitute “title has been completed”.
(3) In section 34(3) (Scottish interpretation of expression “owner”), the words “the proprietor of the dominium utile or, in the case of land other than feudal land, is” shall cease to have effect.
(4) In section 49 (interpretation), subsection (3) shall cease to have effect.
(5) In Schedule 2 (conveyancing and other provisions connected with forestry dedication), in paragraph 4, for sub-paragraph (1) substitute—
“(1) In the case of land in Scotland, a liferenter in possession of the land shall have power to enter into forestry dedication agreements relating to, or to any part of, the land.”.
28 (1) The Countryside (Scotland) Act 1967 shall be amended in accordance with this paragraph.
(2) In section 13(4) (certain persons who have power to enter access agreements), for the words “person, being the liferenter or the heir of entail,” substitute “liferenter”.
(3) In section 16 (effect of access agreement or order on rights and liabilities of persons interested in land)—
(a) in each of subsections (6)(a) and (7)(a), for the words “an interest” substitute “a right”; and
(b) in subsection (9), for the words “completed by infeftment” substitute “title has been completed”.
(4) In each of sections 24(1) (acquisition, by planning authority, of land for public access) and 25(1) (acquisition, by Secretary of State, of land for public access), the word “feu,” shall cease to have effect.
(5) In section 38(5) (recording of public path creation agreement), in the proviso, for the words “completed by infeftment” substitute “title has been completed”.
(6) In section 49A (management agreements)—
(a) in subsection (5), for the words “person, being the liferenter or the heir of entail,” substitute “liferenter”; and
(b) in subsection (9), for the words “completed by infeftment” substitute “title has been completed”.
(7) In section 78(1) (interpretation), in the definition of “interest”, for the words “the ownership of an interest in land” substitute “ownership”.
Abolition of Feudal Tenure etc (Scotland) Act