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(5) In section 132, subsection (1) (notice to superiors of certain proceedings in relation to lands and heritages) shall cease to have effect.

(6) In section 155(1) (power to require information), for the words “an estate” substitute “a right”.

(7) In section 175(1) (protection of superiors and owners)—

(a) the words “superior or” shall cease to have effect; and

(b) for the word “estate” substitute “right”.

(8) In section 177(b) (interpretation), for the words “an estate” substitute “a right”.

(9) In section 179 (general effect of control order)—

(a) in subsection (1)(b), for the words “an estate” substitute “a right”; and

(b) in subsection (2), for the words “under this section have an interest amounting to an estate in” substitute “own”.

(10) In section 180 (effect of control order on occupier)—

(a) in subsection (2)—

(i) in paragraph (a), for the words “an estate” substitute “a right”; and

(ii) in paragraph (b), for the words “an estate in” substitute “ownership of”; and

(b) in subsection (6), for the words “an estate” substitute “a right”.

(11) In section 186 (appeal against control order), in each of subsections (1) and (2), for the words “an estate” substitute “a right”.

(12) In section 190(1) (interpretation), in the definition of “licence”, for the words “an estate or interest therein” substitute “ownership, tenancy or a real right”.

(13) Section 334 (power of heir of entail to sell land for housing purposes) shall cease to have effect.

(14) In section 338(1) (interpretation)—

(a) in the definition of “land”, for the word “estate” substitute “right”; and

(b) the definitions of—

(i) “sell” and “sale”; and

(ii) “superior”,

shall cease to have effect.

(15) In Schedule 9 (recovery of expenses by charging order), in paragraph 7, for the words “bond and disposition in” substitute “standard”.

(16) In Schedule 11 (houses in multiple occupation: control orders)—

(a) in paragraph 4(1), for the words “an estate” substitute “a right”; and

(b) in paragraph 5(3), for the words—

(i) “an estate” substitute “a right”; and

(ii) “that estate” substitute “that right”.

Consumer Protection Act 1987 (c. 43)

49 In section 23(3) of the Consumer Protection Act 1987 (interpretation), in paragraph (b) of the definition of “relevant interest”, for the words “dominium utile” substitute “ownership”.

Income and Corporation Taxes Act 1988 (c. 1)

50 (1) The Income and Corporation Taxes Act 1988 shall be amended in accordance with this paragraph.

(2) In section 15(1) (in which is set out Schedule A), in Schedule A, in paragraph 1(4)(b), the words “, ground annuals and feu duties” shall cease to have effect.

(3) In section 119 (rent etc. payable in connection with mines, quarries and similar concerns), in subsection (3), in the definition of “rent”, the word “, feuduty” shall cease to have effect.

(4) In section 776 (transactions in land: taxation of capital gains), in subsection (6), in the definition for Scotland of “freehold”, for the words “estate or interest of the proprietor of the dominium utile or, in the case of property other than feudal property,” substitute “interest”.

(5) In section 832(1) (interpretation of the Tax Acts), after the definition of “distribution” insert—

““estate in land”, in relation to any land in Scotland, includes the land;”.

Capital Allowances Act 1990 (c. 1)

51 In each of sections 51(3) and 125(1) of the Capital Allowances Act 1990 (interpretation), for paragraph (b) substitute—

“(b) in Scotland, the interest of the owner or an agreement to acquire such an interest,”.

Enterprise and New Towns (Scotland) Act 1990 (c. 35)

52 In section 32(2) of the Enterprise and New Towns (Scotland) Act 1990 (enforceability of registered agreements), for the words “completed by infeftment” substitute “title has been completed”.

Natural Heritage (Scotland) Act 1991 (c. 28)

53 (1) The Natural Heritage (Scotland) Act 1991 shall be amended in accordance with this paragraph.

(2) In section 22(1) (interpretation), in the definition of “land”, the word “estate,” shall cease to have effect.

(3) In Schedule 1 (constitution and proceedings of Scottish Natural Heritage), in paragraph 19—

(a) in sub-paragraph (1), after the words “to land” insert “which or”; and

(b) for sub-paragraph (2) substitute—

“(2) In sub-paragraph (1) above—

• “interest” includes any right over the land, whether exercisable by virtue of ownership or by virtue of a licence or agreement and, without prejudice to that generality, includes sporting rights; and

• “land” includes—

  (i)

  land covered by water; and

  (ii)

  salmon fishings.”.

Coal Mining Subsidence Act 1991 (c. 45)

54 (1) The Coal Mining Subsidence Act 1991 shall be amended in accordance with this paragraph.

(2) In section 52(1) (interpretation), in the definition of “owner”, paragraph (b) shall cease to have effect.

(3) In Schedule 1 (determination of amount of depreciation payments), in paragraph 2(6)—

(a) in the definition of “fee simple”, for the words “, in the case of feudal property, the estate or interest of the proprietor of the dominium utile or, in the case of property other than feudal property, the estate or” substitute “the”; and

(b) the definition of “incumbrance” shall cease to have effect.

(4) In Schedule 2 (recipients of depreciation payments: special cases)—

(a) in paragraph 3(2), head (b); and

(b) in paragraph 4(2)(b), the words “an entail or”, shall cease to have effect.

(5) In Schedule 6 (farm loss payments), in paragraph 1(5)—

(a) in head (a), for the words “an interest as infeft proprietor of” substitute “a right as proprietor with completed title to”; and

(b) the words “, but do not include references to an interest as a superior only” shall cease to have effect.

Crofters (Scotland) Act 1993 (c. 44)

55 (1) The Crofters (Scotland) Act 1993 shall be amended in accordance with this paragraph.

(2) In section 16 (provisions relating to conveyance)—

(a) in subsection (3), the words “estates or” shall cease to have effect;

(b) in subsection (5), for the words “is infeft in” substitute “has a completed title to”; and

(c) subsection (7) shall cease to have effect.

(3) In section 17(3) (certain conditions or provisions to be unenforceable), paragraph (a), the words “or (b)” and in paragraph (b) the word “other”, shall cease to have effect.

(4) In section 19(4) (heritable securities)—

(a) paragraph (a); and

(b) in each of paragraphs (b) and (c), the words “otherwise than in feu”,

shall cease to have effect.

(5) In section 20(3) (interpretation), in paragraph (a), for the word “feuing” substitute “disposing”.

Coal Industry Act 1994 (c. 21)

56 (1) The Coal Industry Act 1994 shall be amended in accordance with this paragraph.

(2) In section 8 (exploitation rights: territorial waters and continental shelf), in subsection (6), for the words “a proprietor of the dominium utile” substitute “an owner”.

(3) In section 9 (exploitation rights: oil and gas), in subsection (4)(b), for the words “proprietor of the dominium utile as respects” substitute “an owner in”.

(4) In section 10 (protection for certain interests in coal and coal mines), in subsection (7), paragraph (b) and the word “and” immediately preceding that paragraph shall cease to have effect.

Value Added Tax Act 1994 (c. 23)

57 In section 96(1) of the Value Added Tax Act 1994 (interpretation) in the definition of—

(a) “fee simple”, in paragraph (a), the words “estate or interest of the proprietor of the dominium utile or, in the case of land not held on feudal tenure, the estate or” shall cease to have effect; and

(b) “major interest”, for the words from “-(a) the estate” to “tenure, the estate or” substitute “the”.

Requirements of Writing (Scotland) Act 1995 (c. 7)

58 In section 1 of the Requirements of Writing (Scotland) Act 1995 (writing required for certain contracts, obligations, trusts, conveyances and wills)—

(a) in subsection (2), in each of paragraphs (a)(i) and (b), for the words “an interest” substitute “a real right”; and

(b) in subsection (7), for the words ““interest in land” means any estate, interest or” substitute ““real right in land” means any real”.

Atomic Energy Authority Act 1995 (c. 37)

59 In section 1 of the Atomic Energy Authority Act 1995 (schemes for transfer of property, rights and liabilities), for subsection (6) substitute—

“(6) In the application of subsection (3)(b) above to Scotland, the reference to the fee simple estate shall be construed as a reference to the interest of the owner.”.

Town and Country Planning (Scotland) Act 1997 (c. 8)

60 (1) The Town and Country Planning (Scotland) Act 1997 shall be amended in accordance with this paragraph.

(2) In section 75(4) (restriction on enforceability of agreement regulating development or use of land), for the words “completed by infeftment” substitute “title has been completed”.

(3) In section 191 (disposal of land held for planning purposes), subsection (9) shall cease to have effect.

(4) In section 272(2) (matters as to which information may be required), in paragraph (b), the word “superior,” shall cease to have effect.

(5) In section 277 (interpretation)—

(a) in subsection (1), in the definition of—

(i) “disposal”, the words “, except in section 191(9),”; and

(ii) “heritable security”, in paragraph (a), the words “a security by way of ground annual and”,

shall cease to have effect; and

(b) subsection (8) shall cease to have effect.

(6) In Schedule 15 (general vesting declarations)—

(a) in paragraph 7, the words “feuduty, ground annual or”; and

(b) in paragraph 34, the words “a feuduty, ground annual,”,

shall cease to have effect.

Finance Act 1999 (c. 16)

61 (1) In Part III of Schedule 13 to the Finance Act 1999 (other instruments), in paragraph 18(1), head (c) shall cease to have effect.

(2) Sub-paragraph (1) above and, in so far as relating to the Finance Act 1999, section 76 of, and schedule 13 to, this Act shall not affect any instrument executed before the appointed day.