Office of Public Sector Information
SCHEDULE 12 continued PART 1 continued
29 (1) The Countryside Act 1968 shall be amended in accordance with this paragraph.
(2) In section 15(6) (modification of section in its application to Scotland), in the proviso to the inserted subsection (4), for the words “completed by infeftment” substitute “title has been completed”.
(3) In section 24(2) (acquisition of land for planting trees in interests of amenity), the word “feu,” shall cease to have effect.
30 (1) The Conveyancing and Feudal Reform (Scotland) Act 1970 shall be amended in accordance with this paragraph.
(2) In section 1 (variation and discharge of land obligations)—
(a) in subsection (2)—
(i) after the word “is”, where it first occurs, insert “— (a)”;
(ii) for the words “an interest in land” substitute “land or of a real right in land”;
(iii) for the words “another interest in that land, or of an interest in other land” substitute “that or other land, or of a real right in that or other land”; and
(iv) at the end of the first paragraph insert—
“(b) a conservation burden; or
(c) a maritime burden.”;
(b) in each of subsections (3) and (4), for the words “interest in land” substitute “land or real right in land”;
(c) after subsection (6) add—
“(7) In subsection (2) above “conservation burden” and “maritime burden” have the meanings given respectively by sections 27(1) and 60(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5).”.
(3) In section 2 (provisions supplementary to section 1), in subsection (6)—
(a) in the definition of “benefited proprietor” and of “burdened proprietor”—
(i) after the words “land obligation” insert “such as is mentioned in—
(a) subsection (2)(a) of that section”;
(ii) for the words “an interest”, in each of the four places where they occur, substitute “land or of a real right”;
(iii) after “enforce the obligation;” insert—
“(b) subsection (2)(b) of that section, means the conservation body (within the meaning of Part 4 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)) having the right to the conservation burden; and
(c) subsection (2)(c) of that section, means the Crown.”; and
(iv) for the words “that interest” substitute “that land or real right”;
(b) the definition of “interest in land” shall cease to have effect; and
(c) after the definition of “land obligation” insert the following definitions—
““proprietor”, in any reference to the proprietor “of a real right in land”, means the holder of such right; and
“real right in land” means any such right, other than ownership, which is capable of being held separately and to which a title may be recorded in the Register of Sasines.”,
and subsection (7) shall cease to have effect.
(4) Sections 3 to 6 (allocation of feuduties and ground annuals) shall cease to have effect.
(5) In section 7 (provisions for contracting out of sections 1 to 6 to be void) for the words “1 to 6” substitute “1 and 2”.
(6) In section 9 (which introduces the form of heritable security known as a standard security)—
(a) in subsection (2), for the words “interest in land” substitute “land or real right in land,”;
(b) in subsection (3), for the words “an interest” substitute “land or a real right”;
(c) in subsection (4), for the words “of an interest” substitute “of land or of a real right”; and
(d) in subsection (8)—
(i) in paragraph (a), for the word “interest”, in both places where it occurs, substitute “land or real right”;
(ii) in paragraph (b), for the definition of “interest in land” substitute—
““real right in land” has the same meaning as it has for the purposes of sections 1 and 2 of this Act;”; and
(iii) in paragraph (c), the words “feuduty, ground annual,” shall cease to have effect.
(7) In section 10(2) (clause of warrandice to import absolute warrandice), for the word “interest” substitute “land or real right”.
(8) In section 11(1) (effect of recorded standard security), for the words from “the interest” to “a security” substitute “in the grantee a real right in security”.
(9) In section 12 (standard security may be granted by person uninfeft)—
(a) in subsection (1)—
(i) for the words “an interest” substitute “land or a real right”;
(ii) the words “having right to that interest, but” shall cease to have effect; and
(iii) for the word “interest”, where it last occurs, substitute “land or real right”;
(b) in subsection (2)—
(i) for the word “interest” substitute “land or real right in land”; and
(ii) for the words “last infeft” substitute “having the last recorded title”.
(10) In section 13(1) (ranking of standard securities), for the words “interest in land or any part thereof, or of the subsequent assignation or conveyance of that interest” substitute “land or real right in land or over any part thereof, or of the subsequent assignation or conveyance of that land or real right,”.
(11) In section 15(1) (restriction of standard security)—
(a) for the word “interest”, where it first occurs, substitute “land or real right”; and
(b) for the words from “to the interest” to “and the interest in land” substitute “to the land or real right contained in the standard security other than the part of that land or real right disburdened by the deed; and the land or real right”.
(12) In section 16 (variation of standard security)—
(a) in each of subsections (1) and (2), for the word “interest” substitute “land or real right”; and
(b) in subsection (4), for the words “interest in land, or” substitute “land or real right in land, or over”.
(13) In section 17 (discharge of standard security), for the word “interest” substitute “land or real right”.
(14) In section 18(3) (redemption of standard security), for the word “interest” substitute “land or real right”.
(15) In section 19 (calling-up of standard security)—
(a) in subsection (2), for the words “last infeft in” substitute “having the last recorded title to”; and
(b) in subsection (3), for the words—
(i) “last infeft in” substitute “having the last recorded title to”; and
(ii) “last infeft have” substitute “having the last recorded title have”.
(16) In section 30 (interpretation)—
(a) in subsection (1), for the definition of “interest in land” substitute—
““real right in land” has the meaning assigned to it by the said section 9(8);”; and
(b) in subsection (2), the definition of “infeft” shall cease to have effect.
(17) Sections 33 (form of notice calling-up heritable security), 34 (amendment of section 34 of Conveyancing (Scotland) Act 1924), 35 (power of creditor in bond and disposition in security to sell to include power to sell by private bargain) and 39 (amendment of section 8 of Heritable Securities (Scotland) Act 1894) shall cease to have effect.
(18) In section 41(1) (restriction on effect of reduction of certain discharges of securities)—
(a) for the words “to any subsequent interest in the land, acquired” substitute “who subsequently acquires the land or a real right in or over it”; and
(b) the words “of the interest” shall cease to have effect.
(19) In section 43(1) (interpretation), the definition of “the Act of 1894” shall cease to have effect.
(20) Section 49 (abolition of heritor’s right of pre-emption of glebe) shall cease to have effect.
(21) In section 51 (application to the Crown), for the words “held of the Crown and of” substitute “owned by the Crown or by”.
(22) In Schedule 1 (land obligations not subject to variation or discharge under section 1 of Act), in paragraph 1, the words “feuduty, ground annual,” and “skat, dry multure, teind, stipend, standard charge” shall cease to have effect.
(23) In the Notes to Schedule 2 (which relates to forms of standard security)—
(a) for note 1 substitute—
“Note 1.—The security subjects shall be described sufficiently to identify them; but this note is without prejudice to any additional requirement imposed as respects any register.”.
(b) in note 2—
(i) the words “ground annual or” shall cease to have effect; and
(ii) for the word “infeftment” substitute “recorded title”; and
(c) in note 3—
(i) for the words “has been infeft in” substitute “has a recorded title to”;
(ii) for the words “has not previously been infeft in” substitute “does not have a recorded title to”;
(iii) the words “ground annual or” shall cease to have effect;
(iv) for the words “last infeft in” substitute “who last had a recorded title to”; and
(v) for the word “infeftment” substitute “recorded title”.
(24) In Schedule 3 (the standard conditions), in condition 10(3), the words “feuduties, ground annuals or, as the case may be,” shall cease to have effect.
(25) In the Notes to Schedule 4 (which relates to forms of deeds of assignation and of restriction etc.), in note 3, for the words “infeftment upon a standard security has been taken” substitute “title to a standard security has been completed”.
(26) In schedule 8 (excluded enactments), paragraphs 2, 3, 7 to 14, 16 and 17, 18 to 22, 24 and 26 to 30 shall cease to have effect.
31 (1) Section 33 of the Agriculture Act 1970 (miscellaneous amendments relating to amalgamations) shall be amended in accordance with this paragraph.
(2) In subsection (2)—
(a) in paragraph (b), for the words “in which an estate or interest is held by a liferenter or an heir of entail” substitute “which is held by a liferenter”;
(b) for the words “the liferenter or the heir of entail” substitute “or the liferenter”; and
(c) for the words “that estate or interest” substitute “the land”.
(3) Subsection (5) shall cease to have effect.
32 In section 78(1) of the Housing (Financial Provisions) (Scotland) Act 1972 (interpretation), in the definition of “land”, for the word “estate” substitute “right”.
33 (1) The Prescription and Limitation (Scotland) Act 1973 shall be amended in accordance with this paragraph.
(2) For sections 1 and 2 there shall be substituted—
(1) If land has been possessed by any person, or by any person and his successors, for a continuous period of ten years openly, peaceably and without any judicial interruption and the possession was founded on, and followed—
(a) the recording of a deed which is sufficient in respect of its terms to constitute in favour of that person a real right in—
(i) that land; or
(ii) land of a description habile to include that land; or
(b) registration of a real right in that land, in favour of that person, in the Land Register of Scotland, subject to an exclusion of indemnity under section 12(2) of the Land Registration (Scotland) Act 1979 (c. 33),
then, as from the expiry of that period, the real right so far as relating to that land shall be exempt from challenge.
(2) Subsection (1) above shall not apply where—
(a) possession was founded on the recording of a deed which is invalid ex facie or was forged; or
(b) possession was founded on registration in the Land Register of Scotland proceeding on a forged deed and the person appearing from the Register to have the real right in question was aware of the forgery at the time of registration in his favour.
(3) In subsection (1) above, the reference to a real right is to a real right which is registrable in the Land Register of Scotland or a deed relating to which can competently be recorded; but this section does not apply to servitudes or public rights of way.
(4) In the computation of a prescriptive period for the purposes of this section in a case where the deed in question is a decree of adjudication for debt, any period before the expiry of the legal shall be disregarded.
(5) Where, in any question involving any foreshore or any salmon fishings, this section is pled against the Crown as owner of the regalia, subsection (1) above shall have effect as if for the words “ten years” there were substituted “twenty years”.
(6) This section is without prejudice to section 2 of this Act.
(1) If—
(a) land has been possessed by any person, or by any person and his successors, for a continuous period of twenty years openly, peaceably and without any judicial interruption; and
(b) the possession was founded on, and followed the execution of, a deed (whether recorded or not) which is sufficient in respect of its terms to constitute in favour of that person a real right in that land, or in land of a description habile to include that land, then, as from the expiry of that period, the real right so far as relating to that land shall be exempt from challenge except on the ground that the deed is invalid ex facie or was forged.
(2) This section applies—
(a) to the real right of the lessee under a lease; and
(b) to any other real right in land, being a real right of a kind which, under the law in force immediately before the commencement of this Part of this Act, was sufficient to form a foundation for positive prescription without the deed constituting the title to the real right having been recorded,
but does not apply to servitudes or public rights of way.
(3) This section is without prejudice to section 1 of this Act or to section 3(3) of the Land Registration (Scotland) Act 1979 (c. 33).”.
(3) In section 5(1) (provision as to what is to be treated as a deed for the purposes of sections 1, 2 and 3 of the Act), for the words “title to an interest in land shall be treated as a deed sufficient to constitute that title” substitute “right in land shall be treated as a deed sufficient to constitute that right”.
(4) In section 15(1) (interpretation), the definition of “interest in land” shall cease to have effect.
(5) In Schedule 1 (obligations affected by certain prescriptive periods)—
(a) in paragraph 1, heads (iii) and (iv) of sub-paragraph (a); and
(b) in paragraph 2(f), the words “terce, courtesy,”
shall cease to have effect.
34 Paragraph 33(1) and (5)(a) of this schedule, and the provisions of schedule 13 to this Act in so far as relating to Schedule 1.1(a)(iii) and (iv) to the Prescription and Limitation (Scotland) Act 1973, shall not affect the application of section 6 of that Act to any obligation falling due on or before the appointed day.
35 In section 80 of the Land Compensation (Scotland) Act 1973 (interpretation), 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.”.
36 (1) The Offshore Petroleum Development (Scotland) Act 1975 shall be amended in accordance with this paragraph.
(2) In section 14(1) (power to require information as to interests in land), the word “superior,” shall cease to have effect.
(3) In section 20 (short title, interpretation and extent)—
(a) in subsection (2)—
(i) in the definition of “Crown interest”, the words “estate or” shall cease to have effect; and
(ii) for the definition of “land” substitute—
““land” includes the foreshore and other land covered with water and, except where the context otherwise requires—
(a) any interest in, or right over, land; and
(b) any other heritable property;”; and
(b) in subsection (3), the words “estate or” shall cease to have effect.
37 (1) The Scottish Development Agency Act 1975 shall be amended in accordance with this paragraph.
(2) In section 9 (acquisition and disposal of land), in subsection (1)(a), the word “feu,” shall cease to have effect.
(3) In section 11(1) (power to obtain information), the word “superior,” shall cease to have effect.
(4) In section 25(1) (interpretation), for the definition of “land” substitute—
““land” includes—
(a) the foreshore and other land covered with water;
(b) any interest in, or right over, land; and
(c) any other heritable property;”.
38 In section 56(3) (interpretation of expressions relating to land in Scotland), for paragraph (b) substitute—
“(b) “rights of ownership” means the rights—
(i) of an owner; or
(ii) of a tenant under a lease;”.
39 (1) The Land Registration (Scotland) Act 1979 shall be amended in accordance with this paragraph.
(2) In section 2(1)(a) (provision for registration in the land register)—
(a) in sub-paragraph (i)—
(i) for the words “feu, long lease or security by way of contract of ground annual” substitute “long lease”; and
(ii) for the words “feuar, lessee or debtor in the ground annual” substitute “lessee”; and
(b) in sub-paragraph (v), for the words “, udal tenure or a kindly tenancy” substitute “or udal tenure”.
(3) In section 3 (effect of registration)—
(a) in subsection (3), paragraph (c) shall cease to have effect;
(b) in subsection (4), paragraph (b) shall cease to have effect; and
(c) in subsection (6)—
(i) for the words “an uninfeft proprietor” substitute “an unregistered holder”;
(ii) for the words “the uninfeft proprietor” substitute “him”;
(iii) for the word “infeft” substitute “registered as entitled to the interest”;
(iv) the words “by person uninfeft” shall cease to have effect; and
(v) after “uninfeft)” insert “and section 30(b) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) (completion of title to conservation burden)”.
(4) In section 6 (title sheets)—
(a) in subsection (1)(a), for the words “dominium utile” substitute “land”; and
(b) in subsection (3), the words “over-feuduty or”, in both places where they occur, shall cease to have effect.
(5) In section 12 (indemnity in respect of loss)—
(a) in subsection (3)(m), the words “a superior, a creditor in a ground annual or”, “the feu writ, the contract of ground annual or”, “, as the case may be,”, “superior, creditor or” and, in both places where they occur, “feuduty, ground annual or”; and
(b) in subsection (4)(a) the words “over-feuduty or”,
shall cease to have effect.
(6) In section 15 (simplification of deeds relating to registered interests)—
(a) in subsection (2)(a), the words “sections 10 and 146 of and Schedule D to the Titles to Land Consolidation (Scotland) Act 1868,” shall cease to have effect; and
(b) for subsection (3) substitute—
“(3) It shall not be necessary, in any deed relating to a registered interest in land, to deduce title if evidence of sufficient midcouples or links between the unregistered holder and the person last registered as entitled to the interest are produced to the Keeper on registration in respect of that interest in land.”.
(7) In section 16 (omission of certain clauses in deeds)—
(a) subsection (2); and
(b) in subsection (3)(b), the words “feuduties, ground annuals,” and “and, in the case of a grant of land in feu, of all feuduties payable by the grantor to his superiors from and after the date of entry”,
shall cease to have effect.
(8) In section 20 (tenants-at-will)—
(a) in subsection (3), paragraph (ii), and the word “; and” immediately preceding that paragraph, shall cease to have effect;
(b) in subsection (5), for the words “, restriction or redemption” substitute “or restriction”;
(c) in subsection (6), the words “, and all such feuduties, ground annuals or other periodical payments as are mentioned in subsection (3)(ii) above” shall cease to have effect; and
(d) in subsection (8)(a), sub-paragraph (ii) shall cease to have effect.
(9) In section 21 (provisions supplementary to section 20)—
(a) in subsection (8), for the words “infeft in” substitute “owner of”;
(b) for subsection (9) substitute—
“(9) Any condition or provision to the effect that a person with an interest in land shall be entitled to a right of pre-emption in the event of a sale of the land, or of any part of the land, by the proprietor for the time being, shall not be capable of being enforced where the sale is by a landlord to his tenant-at-will under section 20 of this Act.”; and
(c) in subsection (10) for the words “grant by him of a feu” substitute “disposition by him”.
(10) In section 26 (application to Crown), for the words “held of the Crown and of” substitute “owned by the Crown or by”.
(11) In section 28(1) (interpretation)—
(a) the definition of “feu” shall cease to have effect;
(b) in the definition of “incorporeal heritable right”, after the word “include” insert “a right of ownership of land, the right of a lessee under a long lease of land, a right to mines or minerals or”;
(c) for the definition of “interest in land” substitute—
““interest in land”—
(a) means any right in or over land, including any heritable security or servitude but excluding any lease which is not a long lease; and
(b) where the context admits, includes the land;”.
40 (1) The Ancient Monuments and Archaeological Areas Act 1979 shall be amended in accordance with this paragraph.
(2) In section 12(9) (certain persons acquiring rights to monuments in Scotland not bound by guardianship deeds), in paragraph (b), for the words “completed by infeftment” substitute “title has been completed”.
(3) In section 18(4) (capacities relevant to limited ownership), in paragraph (c), the words “or heir of entail” shall cease to have effect.
(4) In section 57(1) (power to require information), the words “of the dominium utile,” shall cease to have effect.
41 (1) The Education (Scotland) Act 1980 shall be amended in accordance with this paragraph.
(2) In section 16(2)(b) (method of effecting transference of school), in sub-paragraph (i), for the words “interest in the land to be transferred” substitute “transferee’s right in the land”.
(3) In each of sections 20(1)(a) (power of education authority to acquire land) and 22(1)(a) (power of education authority to sell land), the word “feu,” shall cease to have effect.
42 (1) The Water (Scotland) Act 1980 shall be amended in accordance with this paragraph.
(2) In section 65 (power of council to make charging order for expenses of executing works), as saved by section 179 of the Local Government etc. (Scotland) Act 1994 (c. 39)—
(a) in subsection (5)—
(i) the word “estates,”; and
(ii) paragraph (a),
shall cease to have effect;
(b) in subsection (7), for the words “absolute order made under and in terms of the Improvement of Land Act 1864” substitute “a standard security”; and
(c) in subsection (8), the words “or rentcharge” shall cease to have effect.
(3) In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 8, the words “feuduties, ground annuals,” shall cease to have effect.
43 In Schedule 2 to the British Telecommunications Act 1981 (provisions as to transfers of property, rights and liabilities), in paragraph 1(3), for the words from “Sub-paragraph (2)” to “that sub-paragraph” substitute “In the application of sub-paragraph (2)”.
44 In section 5 of the Mobile Homes Act 1983 (interpretation), at the end add—
“(4) In relation to land in Scotland, any reference in this Act to an “estate or interest” shall be construed as a reference to a right in, or to, the land.”.
45 In each of sections 53(4) (enforceability against third parties of agreements as to use of land near roads) and 72(3) (enforceability against third parties of agreements as to stopping up of private access to land) of the Roads (Scotland) Act 1984, for the words “completed by infeftment” substitute “title has been completed”.
46 (1) The Companies Act 1985 shall be amended in accordance with this paragraph.
(2) In—
(a) section 396(1)(a)(ii) (charges requiring registration) unless the circumstance mentioned in sub-paragraph (4) below arises; or
(b) section 410(4)(a) (charges void unless registered) if that circumstance does arise,
the words “, ground annual” shall cease to have effect.
(3) If the amendment in head (b) above falls to be made, the amendment in head (a) above shall, on section 92 of the Companies Act 1989 coming into force, have effect.
(4) The circumstance is that section 92 of the Companies Act 1989 has not come into force by the date on which this schedule comes into force.
(5) In Schedule 4, in paragraph 93 (interpretation of Schedule), the words “is the proprietor of the dominium utile or, in the case of land not held on feudal tenure,” and “; and the reference to ground-rents, rates and other outgoings includes feu-duty and ground annual” shall cease to have effect.
(6) In Schedule 9, in paragraph 86 (interpretation of Schedule), the words “is the proprietor of the dominium utile or, in the case of land not held on feudal tenure,” and “; and the reference to ground-rents, rates and other outgoings includes a reference to feu-duty and ground annual” shall cease to have effect.
47 In section 106(2) of the Housing Associations Act 1985 (application of Act in Scotland), in the definition of “heritable security”, for the words “interest in land by disposition or assignation of that interest” substitute “land, or real right in land, by disposition of the land, or assignation of the real right,”.
48 (1) The Housing (Scotland) Act 1987 shall be amended in accordance with this paragraph.
(2) In section 16 (disposal of land for erection of churches etc.), for the word “feu” substitute “disposition”.
(3) In section 84A (application of right to buy to cases where landlord is lessee), for the word “interest”, wherever it occurs, substitute “real right”.
(4) In section 125(2) (notice to certain persons of time and place at which question of demolishing building will be considered), the words “of the superior of whom such owner holds, and” shall cease to have effect.
Abolition of Feudal Tenure etc (Scotland) Act