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SCHEDULE 8 FORM OF NOTICE PRESERVING CONSERVATION BODY'S OR SCOTTISH MINISTERS' RIGHT TO REAL BURDEN

(introduced by section 27(1))

SCHEDULE 9 FORM OF NOTICE RESERVING RIGHT TO COMPENSATION IN RESPECT OF EXTINCTION OF DEVELOPMENT VALUE BURDEN

(introduced by section 33(1))

SCHEDULE 10 PROCEDURES AS TO SERVICE UNDER SECTION 35(3)

(introduced by section 36(2))

FORM A

FORM B

SCHEDULE 11 FORM OF ASSIGNATION, DISCHARGE OR RESTRICTION OF RESERVED RIGHT TO CLAIM COMPENSATION

(introduced by section 40)

SCHEDULE 12 MINOR AND CONSEQUENTIAL AMENDMENTS

(introduced by section 76(1))

PART 1 MINOR AND CONSEQUENTIAL AMENDMENTS: GENERAL

Mines and Metals Act 1592 (c. 31) (Act of the Parliaments of Scotland)

1 In the Mines and Metals Act 1592—

(a) for the words “sett in few ferme” substitute “dispone”;

(b) for the word “frehalder” substitute “owner”;

(c) the words “or few” shall cease to have effect;

(d) for the words “saidis fewis” substitute “disposition of the saidis mynis”;

(e) for the words “four witnesses” substitute “ane witness”; and

(f) for the words “set the same in few” substitute “dispone the same or set the same”.

Redemptions Act 1661 (c. 247) (Act of the Parliaments of Scotland)

2 In the Redemptions Act 1661 (exercise of right of redemption against heirs and successors), for the words—

(a) “infeftments of fie” substitute “fie”; and

(b) “fie infeftments” substitute “grants”.

Real Rights Act 1693 (c. 22) (Act of the Parliaments of Scotland)

3 In the Real Rights Act 1693 (determination of preferences according to date and priority of registration), for the words from “All Infeftments” to the end substitute “reall rights in land shall in all competitions be preferable and preferred according to the date and priority of registration in the General Register of Sasines”.

Lands Clauses Consolidation (Scotland) Act 1845 (c. 19)

4 (1) The Lands Clauses Consolidation (Scotland) Act 1845 shall be amended in accordance with this paragraph.

(2) In section 7 (parties under disability enabled to sell and convey), the words “heirs of entail,”, “estate or”, “married women seised in their own right or entitled to terce or dower, or any other right or interest, husbands,”, “or feoffees”, “and as to such married women as if they were sole,” and, in the last two places where they occur, “married women,” shall cease to have effect.

(3) In section 8 (parties under disability may exercise other powers), the words from “power herein” to “therewith, and the” and, in both places where they occur, “feu duties, ground annuals,”, shall cease to have effect.

(4) Sections 10 (where vendor absolutely entitled, lands may be sold on feu duties, &c.) and 11 (provisions incidental to section 10) shall cease to have effect.

(5) In section 12 (power to purchase lands required for additional accommodation), the word “, feu,”, in both places where it occurs, shall cease to have effect.

(6) In section 67 (purchase money payable to parties under disability to be deposited in bank), the words “heir of entail,”, “married woman seised in her own right or entitled to terce or dower or any other right or interest, husband,”, “on the same heirs, or”, “, or affecting succeeding heirs of entail in any such lands, whether imposed and constituted by the entailer, or in virtue of powers given by the entail, or in virtue of powers conferred by any Act of Parliament” and “same heirs, and the” shall cease to have effect.

(7) In each of sections 69 (sums to be deposited, or paid to trustees) and 70 (sums to be paid to parties), the word “coverture,” and the word “husbands,” shall cease to have effect.

(8) Section 73 (special provision for lands to be held under entail etc.) shall cease to have effect.

(9) In each of sections 74 (completion of title on deposit of purchase money or compensation) and 76 (further provision in that regard), for the word “estate” substitute “right”.

(10) In section 77 (application of money deposited), for the word “estates” substitute “rights”.

(11) In section 79 (expenses in cases of money deposited), the words “feu or” and “, and of re-entailing any of such lands,” shall cease to have effect.

(12) In section 80 (form of conveyances)—

(a) the words “feus and”, in both places where they occur, shall cease to have effect;

(b) for the words “the Schedules (A.) and (B.) respectively” substitute “Schedule (A.)”; and

(c) the words “the particular register of sasines kept for the county, burgh, or district in which the lands are locally situated, or in”, “for Scotland kept at Edinburgh, within sixty days from the last date thereof, which the respective keepers of the said registers are hereby authorized and required to do,”, “feudal” and from “: Provided always” to the end shall cease to have effect.

(13) In section 93 (proceedings in regard to lands in commonty etc.), the words “; and if such lands be part of a barony a like notice shall be given to the superior or baron” shall cease to have effect.

(14) In section 100 (deposit of money on refusal to accept redemption), for the word “estate” substitute “right”.

(15) In the preamble to sections 107 to 111, the words “any feu duty, ground annual, casualty of superiority, or” shall cease to have effect.

(16) In section 109 (discharge of part of lands from charge), the words “such feu duty, ground annual, casualty of superiority, or any” shall cease to have effect.

(17) In section 110 (deposit in case of refusal to discharge), the words “feu duty, ground annual, casualty of superiority,” shall cease to have effect.

(18) In section 117 (power to purchase interests in lands the purchase of which may have been omitted by mistake), the word “estate,”, in each place where it occurs, shall cease to have effect.

(19) In section 118 (valuation of lands), for the words—

(a) “estate or interests” substitute “right or interest”; and

(b) “estate, or interest” substitute “right, or interest”.

(20) In section 119 (payment of expenses of litigation), for the word “estate”, in both places where it occurs, substitute “right”.

(21) In section 124 (lands to be conveyed to the purchasers), the words from “, by deed” to the end shall cease to have effect.

(22) In section 125 (effect of word “dispone” in conveyances), for the word “estate” substitute “right”.

(23) Sections 126 (superiorities not to be affected by lands being taken for the purposes of the Act) and 127 (antiquated provisions relating to the prison assessment) shall cease to have effect.

(24) Schedule (B.) (form of conveyance in consideration of feu duty or rent-charge) shall cease to have effect.

Entail Amendment Act 1848 (c. 36)

5 (1) The Entail Amendment Act 1848 shall be amended in accordance with this paragraph.

(2) Sections 1 to 31 (heir born after date of entail may disentail; and heir born before such date may do so with consent of heir apparent under entail, etc.) shall cease to have effect.

(3) In section 32 (form and effect of instrument of disentail etc.), the words from “may be in the form” to “in terms of this Act;” shall cease to have effect.

(4) Sections 33 to 45 (application to court by heir of entail in possession of entailed estate, etc.) shall cease to have effect.

(5) In section 47 (Act not to be defeated by trusts)—

(a) for the words “land or estate”, wherever they occur, substitute “land”;

(b) the words “dated on or after the first day of August one thousand eight hundred and forty-eight” shall cease to have effect;

(c) the words “fee simple”, in each of the three places where they occur, shall cease to have effect;

(d) for the words “lands or estate, with infeftment thereon in favour of such party” substitute “land”;

(e) the words “the superior of such lands or estate, and of” shall cease to have effect; and

(f) for the words “securities thereon” substitute “securities over such land”.

(6) In section 48 (Act not to be defeated by life-rents)—

(a) for the words “It shall be competent to grant an estate in Scotland limited to a liferent interest in favour only of a party in life at the date of such grant; and where any land or estate” substitute “Where any land”;

(b) the words “dated on or after the first day of August one thousand eight hundred and forty eight”, “fee simple” and “the superior of such lands or estate, and of” shall cease to have effect;

(c) for the words “such estate” substitute “such land”; and

(d) for the word “thereon” substitute “over such land”.

(7) In section 49 (Act not to be defeated by leases), the words “or estate”, in both places where they occur, and the words “dated on or after the said first day of August one thousand eight hundred and forty eight” shall cease to have effect.

(8) Sections 50 (consents to be in writing and to be irrevocable) and 51 (court may make acts of sederunt) shall cease to have effect.

(9) For section 52, substitute—

“52 Interpretation

In this Act, the word “land” shall include all heritages.”.

(10) The Schedule (form of instrument of disentail) shall cease to have effect.

Registration of Leases (Scotland) Act 1857 (c. 26)

6 (1) The Registration of Leases (Scotland) Act 1857 shall be amended in accordance with this paragraph.

(2) In section 2 (effectuality of recorded leases), for the words “infeftment is posterior in date to” substitute “title is completed after”.

(3) Sections 4 (assignations in security), 5 (presentation for registration by person who is not original lessee or assignee), 8 (executor’s completion of title by recording notarial instrument), 9 (assignee dying without recording assignation) and 11 (entering trustee on sequestrated estate on register) shall cease to have effect.

(4) In section 16(1) (equivalence of registration to possession), for the words “, writs of acknowledgment, and notarial instruments” substitute “and writs of acknowledgment”.

(5) Schedules (C) (form of notarial instrument in favour of party who is not original grantee) and (F) (form of notarial instrument in favour of executor in recorded lease or assignation in security or of trustee on sequestrated estate) shall cease to have effect.

Land Registers (Scotland) Act 1868 (c. 64)

7 (1) The Land Registers (Scotland) Act 1868 shall be amended in accordance with this paragraph.

(2) In section 3 (writs of each county to be kept separate in general register of sasines), for the words—

(a) “warrant of registration herein-after provided for,” substitute “application for registration”; and

(b) “said warrant,” substitute “that application”.

(3) In section 5 (registration of writ in other county to which it refers etc.)—

(a) for the words from the beginning to “thereon applicable” substitute “Where any writ contains land or heritages in more than one county and application has not been made for registration in relation”;

(b) for the word “warrant”, where it occurs for the second time, substitute “application”;

(c) for the words “by a new warrant of registration thereon” substitute “for registration”;

(d) the words “in terms of such new warrant” shall cease to have effect; and

(e) for the words “such writ applies, and to which such new warrant is applicable” substitute “it applies”.

(4) In section 6 (provision for writs transmitted by post to general register of sasines), the words “in terms of the warrant of registration thereon” shall cease to have effect.

(5) In section 12 (registration in general register of sasines equivalent in certain cases to registration in the books of council and session)—

(a) for the words from the beginning to “being so registered in the said register of sasines,” substitute—

“A writ competent to be registered in the general register of sasines need not be presented to be registered in the books of council and session for the purpose of—

(a) preservation; or

(b) preservation and execution.

If an application for registration of such a writ in the general register of sasines specifies that registration is for either of those purposes, then on registration in that register the writ shall be held to be registered also in the books of council and session for the purpose in question; and the writ registered”; and

(b) the words “and shall be in the form, as nearly as may be, of the Schedule (B.) to this Act annexed,” shall cease to have effect.

(6) Section 14 (certain clauses in entail no longer necessary) shall cease to have effect.

Titles to Land Consolidation (Scotland) Act 1868 (c. 101)

8 (1) The Titles to Land Consolidation (Scotland) Act 1868 shall be amended in accordance with this paragraph.

(2) In section 3 (interpretation)—

(a) for the words “The words “superior,” “vassal,” “grantor,”” substitute “The words “grantor”,”;

(b) for the words “such superior, vassal, grantor” substitute “such grantor”;

(c) the words “The words “Crown writ” shall extend to and include all charters, precepts, and writs from Her Majesty, and from the Prince; and” shall cease to have effect;

(d) the definition of “charter” and of “writ” shall cease to have effect;

(e) in the definition of “deed” and of “conveyance”, the words “charters,”, “whether containing a warrant or precept of sasine or not, and”, “feu contracts, contracts of ground annual,”, “, whether such decrees contain warrant to infeft or precept of sasine or not,” and “, procuratories of resignation an remanentiam,” shall cease to have effect;

(f) the definition of “deed of entail” shall cease to have effect;

(g) in the definition of “instrument”, the words “authorized by this Act, or by any of the Acts hereby repealed,” shall cease to have effect; and

(h) the definition of “infeft” and “infeftment” shall cease to have effect.

(3) Sections 4 (Acts repealed), 5 (in conveyances of land etc. not held burgage, certain clauses may be inserted in short forms), 6 (import of clause expressing manner of holding) and 7 (in conveyances of burgage property certain clauses may be inserted in given forms) shall cease to have effect.

(4) In section 8 (import of certain clauses)—

(a) for the words “forms Nos. 1 and 2” substitute “form No. 1”;

(b) the words “, and to all open procuratories, clauses, and precepts, if any, and as the case may be,” shall cease to have effect;

(c) for the words “rents in these forms” substitute “rents”;

(d) for the words “warrandice in these forms” substitute “warrandice”;

(e) for the words “feu duties, casualties, and public burdens, in form No. 1 of schedule (B.) hereto annexed,” substitute “public burdens”;

(f) for the words “feu duties or other duties and services or casualties payable or prestable to the superior, and of all public, parochial,” substitute “public”;

(g) the words from “; and the clause of obligation” to “other public, parochial, and local burdens, due from or on account of the lands conveyed prior to the date of entry” shall cease to have effect; and

(h) for the words from “in these two forms” to “to them” substitute “shall, unless specially qualified, have the meaning and effect assigned”.

(5) Sections 9 (conditions of entail may, in conveyances of entailed lands, be inserted by reference merely) and 10 (real burdens may be referred to as already in the register of sasines) shall cease to have effect.

(6) In section 12 (clause directing part of conveyance to be recorded)—

(a) the words from “with a warrant of registration” to “hereto annexed),” shall cease to have effect;

(b) for the words “such keeper shall” substitute “the keeper may”; and

(c) the words from—

(i) “and warrant of registration;” to “on whose behalf the conveyance is presented”; and

(ii) “or to expede and record” to the end,

shall cease to have effect.

(7) Sections 14 (certain clauses in entails no longer necessary), 15 (instrument of sasine no longer necessary), 17 (not necessary to record the whole conveyance or discharge), 18 (instrument of resignation an remanentiam unnecessary), 19 (notarial instruments in favour of general disponees) and 23 (notarial instruments in favour of parties acquiring rights to unrecorded conveyances) shall cease to have effect.

(8) In section 24 (mode of completing title by judicial factor on trust estate etc.), the words “, with warrant of registration thereon,” shall cease to have effect.

(9) For section 25 (mode of completing title by trustee in sequestration etc.) substitute—

“25 Deduction of title by liquidator

The liquidator in the winding up of a company shall, for the purposes of sections 3 (disposition etc. by person with unrecorded title) and 4 (completion of title) of the Conveyancing (Scotland) Act 1924 (c. 27) (including those sections as applied to registered leases by section 24 of that Act), be taken to be a person having right to any land belonging to the company.”.

(10) In section 26 (heritable property conveyed for religious or educational purposes to vest in disponees or their successors), the words “with warrant of registration thereon in terms of this Act, or when followed by notarial instrument expede, and with warrant of registration thereon recorded” and “feued,” shall cease to have effect.

(11) Sections 27 to 50 (service of heirs: as saved by section 37(1)(d) of the Succession (Scotland) Act 1964 (c. 41)) shall cease to have effect.

(12) In section 51 (power of Court of Session to pass acts of sederunt)—

(a) the word “said”, where it first occurs; and

(b) the words from “or Sheriffs of counties” to the end,

shall cease to have effect.

(13) In section 62 (effect of decree of adjudication or sale), for the words from “feudal titles to said lands” to the end, substitute “title by recording the decree as a conveyance or by using the decree as a midcouple or link of title.”.

(14) Sections 63 to 93 (Crown writs), 96 (provision for temporary absence or disability of Sheriff of Chancery), 100 (all writs and charters from subject superiors may refer to tenendas and reddendo) 104 to 109 (ways of completing title where superior did not or could not grant entry), 110 (mode of relinquishing superiority), 111 (investiture by over superior), 112 (forfeiture or relinquishment of rights of superiority does not operate as contravention of entail, etc.), 113 (payment in lieu of casualties of superiority in case of lands conveyed for religious purposes), 114 and 116 (provisions as respects writs of clare constat, etc.) shall cease to have effect.

(15) For section 117 (heritable securities to form moveable estate; except where conceived in favour of heirs, excluding executors, and quoad fiscum) there shall be substituted—

“117 Heritable security in succession of creditor in the security

In the succession of the creditor in a heritable security, the security shall be moveable estate; except that in relation to the legal rights of the spouse, or of the descendants, of the deceased it shall be heritable estate.”.

(16) Sections 118 (form of bond and disposition in security) and 119 (import of standard clauses in bond and disposition in security) shall cease to have effect.

(17) In section 120 (securities may be registered during lifetime of grantee etc.)—

(a) “, whether dated before or after the commencement of this Act,”; and

(b) the proviso,

shall cease to have effect.

(18) Sections 121 to 123 (sale under pre-1970 heritable securities), 124 (form for transfer of pre-1970 heritable security) 126, 127 and 130 (completion of title by notarial instrument), 131 (saving), 132 and 133 (provision for forms as respects pre-1970 heritable securities), 134 (application of the Act to all heritable securities), 135 (applicability of pre-1845 forms for heritable securities), 137 (applicability to lands held by any description of tenure) and 141 (requirement for warrant of registration) shall cease to have effect.

(19) In section 140 (additional sheets added to writs), the words “, and subsequent sheets (if any) shall be chargeable with the appropriate progressive duty” shall cease to have effect.

(20) In section 142 (recording of conveyances in register of sasines)—

(a) the words “, and all instruments hereby” and “, with warrants of registration written thereon respectively,” shall cease to have effect; and

(b) for the words “, in the same manner as instruments of sasine, or notarial instruments, are at present recorded, and the same” substitute “and”.

(21) For section 143 substitute—

“143 Recording anew

Where there is an error or defect in recording a deed or conveyance in the Register of Sasines it shall be competent to record it anew.”.

(22) Sections 144 (erasures), 145 (challenge to pre-1868 warrant of registration), 146 (insertion of real burdens etc. in a conveyance or deed applicable to lands), 147 (nothing in Act to affect prohibition against sub-infeudation or to take away or impair certain rights or remedies competent to a superior), 150 (debts affecting lands exchanged for other lands), 152 (lands held by the tenure of booking), 154 (personal interest of keeper of register), 156 (short form of letters of inhibition), 161 (review of certain judgments etc.), 162 (acts of sederunt for purposes of Act etc.) and 163 (old forms of conveyances may still be used) shall cease to have effect.

(23) The Schedules, except Schedules (B.) No.1, (F.) No.1, (G.), (PP.) and (RR.), shall cease to have effect; and in Schedule (B.) No. 1 the words—

(a) from “to be holden” to “as the case may be];”; and

(b) “feu duties, casualties, and”,

shall cease to have effect.

Conveyancing (Scotland) Act 1874 (c. 94)

9 (1) The Conveyancing (Scotland) Act 1874 shall be amended in accordance with this paragraph.

(2) In section 3 (interpretation)—

(a) in the definition of “Land” or “lands”, for the words “are or may be” substitute “prior to the day appointed by order made under section 71 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) were, or might be,”;

(b) the definitions of “Estate in land” and of “Superior” and “superiority” shall cease to have effect;

(c) in the definition of “heritable securities” and “securities”, the words “, and shall also, when used in this Act, include real burdens and securities by way of ground annual” shall cease to have effect; and

(d) the definitions of “Infeftment”, “Feu” and “feu-duty” and “Casualties” shall cease to have effect.

(3) Sections 4 (abolition of renewal of investiture), 5 (compositions payable by corporations or trustees or persons having separate interests), 6 (consolidation of superiority with property), 7 (consolidation not to affect or extend superior’s rights) and 8 (memorandum of allocation of feu-duty) shall cease to have effect.

(4) In section 10 (completion of title when deceased heir not served etc.) (as saved by section 37(1)(d) of the Succession (Scotland) Act 1964 (c. 41))—

(a) the words “neither infeft nor served, but” and “by virtue of this Act,” shall cease to have effect;

(b) for the words “last infeft in” substitute “who held the last recorded title to”;

(c) the words “and assignation” shall cease to have effect;

(d) for the words—

(i) “be infeft in” substitute “complete title to”; and

(ii) “be held to be duly infeft in” substitute “shall have a completed title to”; and

(e) the words from “Such petition” to the end shall cease to have effect.

(5) Sections 14 (legal remedies to prevent entry preserved), 18 (entails not to bar redemption), 19 (redemption of casualties by a mid-superior), 20 (commutation of carriages and services by agreement etc.), 21 (commuted value to be feu-duty: not barred by entails), 22 (monopolies of superior’s agents annulled), 24 (where feu rights stipulating or inferring casualties are contracted to be granted), 25 (distinction between burgage and feu abolished etc.) and 26 (form of conveyances) shall cease to have effect.

(6) In section 29 (general dispositions forming links of series of titles not objectionable on certain grounds)—

(a) the words “under this Act, and no other decree, instrument, or conveyance” shall cease to have effect; and

(b) for the words “last infeft, shall contain” substitute “who last held a recorded title contains”.

(7) Section 30 (conveyances and discharges of real burdens) shall cease to have effect.

(8) In section 32 (reservations, conditions and covenants affecting lands may be imported by reference)—

(a) the word “, instrument,”, where it occurs for the first and third times; and

(b) the words “feu or otherwise”,

shall cease to have effect.

(9) In section 35 (registration of a decree of division)—

(a) the word “joint” shall cease to have effect;

(b) for the words “infeftment in, or of acquiring a personal right” substitute “deducing title”; and

(c) the words from “, as an assignation” to the end shall cease to have effect.

(10) In section 36 (effect of decree of sale of glebe), the words from “, with a holding” to the end shall cease to have effect.

(11) Section 37 (distinction between heritage and conquest abolished) shall cease to have effect.

(12) In section 44 (provisions for the case of a person appointed by the court to administer a trust)—

(a) after the words “When a trust title” insert “to land or to a real right in or over land”;

(b) for the words “a title by infeftment in the estate” substitute “to complete,”; and

(c) after the words “thereby appointed,” insert “title to the land or real right”.

(13) In section 45 (how title is completed when the holder of an office or proprietor is ex officio a trustee and his successor in office takes the trust), for the words—

(a) “estate in land” substitute “land, or any real right in or over land,”; and

(b) “by infeftment in the estate” substitute “to the land or real right”.

(14) In section 47 (securities upon land, and relative personal obligations, to transmit against heirs and disponees), for the words—

(a) “upon an estate in land” substitute “over land, or over a real right in land,”;

(b) “such estate” substitute “such land or real right”; and

(c) “the estate” substitute “the land or real right”.

(15) Sections 48 (provisions for disencumbering lands sold under heritable securities when no surplus emerges) and 49 (provision for disencumbering lands of heritable security) shall cease to have effect.

(16) In section 51 (probate equivalent to will or extract for completing title)—

(a) the words “production to any notary public of the” shall cease to have effect;

(b) for the words “of an exemplification of such probate, shall for the purpose of expeding a notarial instrument, or otherwise completing a title to any estate in land” substitute “an exemplification of such probate, shall for the purpose of completing a title to any land, or real right in land,”; and

(c) the words “the production to such notary of” and from “, and it shall not” to the end shall cease to have effect.