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Land Registration etc. (Scotland) Act 2012

Type Act of the Scottish Parliament

Publication 2012-07-10

Last updated 2023-10-26

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(b) were warrant to renew the caveat not granted, there is a real and substantial risk that enforcement of any decree or order in the proceedings granted in favour of the applicant would be defeated or prejudiced by reason of the other party being likely to deal with the plot of land, and

(c) in all the circumstances, including the effect which renewing the caveat may have on any person having an interest, it is reasonable to make the order renewing it.

(4) The onus is on the applicant to satisfy the court that the order renewing the caveat should be made.

(5) The court may renew a caveat on more than one occasion.

(6) In this section and in sections 70 and 71, “the applicant” means the person who has placed a caveat on the title sheet.

Restriction of caveat

70

(1) Any person with an interest, other than the applicant, may at any time apply to the court which granted the warrant to place the caveat for an order restricting the caveat.

(2) The court may, if satisfied—

(a) as to the matters mentioned in subsection (3), and

(b) that it is reasonable in all the circumstances to do so,

make an order restricting the caveat.

(3) The matters are that—

(a) the applicant has a prima facie case on the merits of the proceedings,

(b) there is a real and substantial risk that enforcement of any decree or order in the proceedings granted in favour of the applicant would be defeated or prejudiced by reason of the other party being likely to deal with the plot of land, and

(c) in all the circumstances, including the effect which granting the warrant to place the caveat may have on any person having an interest, it is reasonable for the caveat to continue to have effect.

(4) The onus is on the applicant to satisfy the court that the order restricting the caveat should not be made.

Recall of caveat

71

(1) Any person with an interest, other than the applicant, may at any time apply to the court which granted the warrant to place the caveat for the caveat to be recalled.

(2) The court must, if no longer satisfied as to the matters mentioned in subsection (3), make an order recalling the caveat.

(3) The matters are that—

(a) the applicant has a prima facie case on the merits of the proceedings,

(b) there is a real and substantial risk that enforcement of any decree or order in the proceedings granted in favour of the applicant would be defeated or prejudiced by reason of the other party being likely to deal with the plot of land, and

(c) in all the circumstances, including the effect which granting the warrant to place the caveat may have on any person having an interest, it is reasonable for the caveat to continue to have effect.

(4) The onus is on the applicant to satisfy the court that the order recalling the caveat should not be made.

Discharge of caveat

72

A person—

(a) in whose favour warrant to place a caveat has been granted, or

(b) who has renewed a caveat under section 69(2),

may at any time discharge the caveat.

Part 7 — Keeper's warranty

Keeper's warranty

Keeper’s warranty

73

(1) The Keeper, in accepting an application for registration, warrants to the applicant that, as at the time of registration, the title sheet to which the application relates—

(a) is accurate—

(i) in so far as it shows an acquisition, variation or discharge in favour of the applicant, or

(ii) in the case of an application under section 27, in so far as it shows the applicant to be the proprietor or proprietor in common, and

(b) is not inaccurate in so far as there is omitted from it any encumbrance the inclusion of which is permitted or required by or under an enactment.

(2) But the Keeper does not warrant that—

(a) the plot of land to which the application relates is unencumbered by any public right of way,

(b) the land is unencumbered by a path delineated in an order under section 22 of the Land Reform (Scotland) Act 2003 (asp 2) (compulsory powers to delineate paths in land in respect of which access rights are exercisable),

(c) the land is unencumbered by a servitude created other than by registration in accordance with section 75(1) of the Title Conditions (Scotland) Act 2003 (asp 9) (creation of positive servitude by writing: deed to be registered),

(d) a right appearing on the title sheet as a pertinent is of a kind capable of being a valid pertinent,

(e) a pertinent appearing on the title sheet and of a kind extinguishable or variable without registration against the title of the benefited property has not been extinguished, or varied, without registration,

(f) the applicant has by registration acquired a right to mines or minerals,

(g) a registered lease has not been varied or terminated without the variation or termination having been registered,

(h) the title sheet to which the application relates is accurate––

(i) in so far as it shows an acquisition, variation or discharge more extensive than the deed registered bore to effect, or

(ii) in the case of an application under section 27, in so far as it shows the applicant to be the proprietor or proprietor in common of a plot of land more extensive than the plot registration of which the application bore to effect, or

(i) alluvion has not had an effect on a boundary.

(3) The benefit of warranty extends to persons to whom the benefit of warrandice by the granter of a deed would extend.

(4) In relation to an application for registration of a deed relating to a title condition, references in subsections (1) and (2) and in section 78 to the applicant are to be read as references to the person benefiting from the deed given effect to.

(5) The Keeper does not warrant as provided for in subsections (1) and (2) where the application for registration is accepted by virtue of section 43.

(6) This section is subject to sections 75 and 76.

Keeper’s warranty on registration under sections 25 and 29

74

(1) The Keeper, on registering a plot of land by virtue of section 25 or under section 29, warrants to the owner that, as at the time of registration, the title sheet of the plot—

(a) is accurate in so far as it shows the owner to be the proprietor or proprietor in common, and

(b) is not inaccurate in so far as there is omitted from it any encumbrance the inclusion of which is permitted or required by or under an enactment.

(2) Subsections (2), (3) and (5) of section 73 apply to warranty under this section as they apply to warranty under that section.

(3) Subsection (2) of section 73 is subject to the following modifications—

(a) for paragraph (h) substitute—

(h) in the case of registration by virtue of section 25, the title sheet is accurate in so far as it shows the owner to be the proprietor or proprietor in common of a plot of land more extensive than the area of land which forms the subjects of the lease, to which the deed relates or, as the case may be, in respect of which the subordinate real right is constituted, (ha) in the case of registration under section 29, the title sheet is accurate in so far as it shows the owner to be the proprietor or proprietor in common of a plot of land more extensive than the plot the Keeper sought to register, or

(b) references in that subsection to—

(i) the application are to be read as references to the registration by virtue of section 25 or under section 29,

(ii) to the applicant are to be construed as references to the owner.

(4) This section is subject to sections 75 and 76.

Extension, limitation or exclusion of warranty

75

(1) The Keeper may—

(a) if satisfied (having regard to sufficiency of evidence as to title) that it is appropriate to do so, grant more extensive warranty than is provided for in section 73 or 74, or

(b) if not satisfied as to the validity of the acquisition, variation or discharge mentioned in section 73(1)(a)(i) or that the applicant or owner is the proprietor as mentioned in section 73(1)(a)(ii) or 74(1)(a)—

(i) grant less extensive warranty than is so provided for, or

(ii) exclude warranty.

(2) For the purposes of subsection (1), the Keeper must have regard to any relevant caveat placed on the title sheet by virtue of section 67.

(3) Where warranty is granted or excluded under subsection (1), the Keeper must give effect to the grant or exclusion by entering a statement describing it in the title sheet.

(4) If an entry made in the title sheet on an application being accepted by virtue of section 43 ceases to be provisional, the Keeper may—

(a) grant such warranty as the Keeper (having regard to sufficiency of evidence as to title) considers appropriate, and

(b) give effect to the grant by entering a statement describing it in the title sheet.

Variation of warranty

76

(1) This section applies where warranty is—

(a) as provided for in section 73 or 74,

(b) granted under section 75(1)(a), (b)(i) or (4)(a), or

(2) The Keeper may, if the Keeper comes to be satisfied (having regard to sufficiency of evidence as to title) that it is appropriate to do so, grant—

(a) warranty as provided for in section 73,

(b) less extensive warranty than as so provided, or

(3) The Keeper may not, under subsection (2), grant warranty that is less extensive than the warranty which was originally provided for or granted as mentioned in subsection (1)(a) or (b).

(4) For the purposes of subsection (2), the Keeper must have regard to any relevant caveat placed on the title sheet by virtue of section 67.

(5) Where the Keeper grants warranty or more extensive warranty under subsection (2), the Keeper must—

(a) unless the warranty granted is warranty only as provided for in section 73, give effect to the grant by entering a statement describing it on the title sheet, and

(b) remove any statement previously entered under section 75(3) or (4)(b).

Claims under warranty

Claims under Keeper’s warranty

77

(1) The Keeper must pay compensation for loss incurred as a result of a breach of the Keeper's warranty.

(2) Liability to pay such compensation arises only if and when the inaccuracy giving rise to the claim for compensation is rectified.

(3) A claimant is not required to exhaust other remedies before making a claim to such compensation.

(4) Payment by the Keeper under this section does not extinguish any rights which the claimant may have against another person in respect of the loss compensated.

(5) But it is a condition of any such payment that the claimant assign any such rights to the Keeper.

Claims under warranty: circumstances where liability excluded

78

The Keeper has no liability to pay compensation by virtue of section 77(1)—

(a) if the inaccuracy is consequent upon an error in the cadastral map and that error was made in reasonable reliance upon the base map,

(b) if the existence of the inaccuracy was, or ought to have been, known to—

(i) the applicant, or

(ii) any person acting as solicitor or other legal adviser to the applicant,

at the time of registration,

(i) the applicant, or

(ii) any person acting as solicitor or other legal adviser to the applicant,

to comply with the duty owed to the Keeper under section 111,

(d) in so far as the claimant's loss could have been avoided by the applicant, owner or claimant taking certain measures which it would have been reasonable for the applicant, owner or claimant to take,

(e) in so far as the connection between the claimant's loss and the inaccuracy is too remote, or

(f) for non-patrimonial loss.

Claims under warranty: quantification of compensation

79

(1) Compensation payable by virtue of section 77(1)—

(a) is, in so far as it is not compensation mentioned in paragraph (b), to be quantified as at the date on which the inaccuracy giving rise to the claim is rectified, and

(b) is to include—

(i) reimbursement of reasonable extra-judicial legal expenses, and

(ii) compensation for any other consequential loss.

(2) Interest on a sum so payable runs from the date mentioned in subsection (3) until the sum in question is paid.

(3) The date is—

(a) where the sum is payable other than by virtue of subsection (1)(b), the date mentioned in subsection (1)(a),

(b) where the sum is payable by virtue of subsection (1)(b)(i), the date on which the claimant paid the sum in question, and

(4) The Scottish Ministers may by regulations make provision as to the rate of interest payable by virtue of subsection (2).

Part 8 — Rectification of the register

Rectification

Rectification of the register

80

(1) This section applies where the Keeper becomes aware of a manifest inaccuracy in a title sheet or in the cadastral map.

(2) The Keeper must rectify the inaccuracy if what is needed to do so is manifest.

(3) Where what is so needed is not manifest, the Keeper must enter a note identifying the inaccuracy in the title sheet or, as the case may be, in the cadastral map.

(4) Where the Keeper rectifies an inaccuracy, the Keeper must—

(a) include in the archive record a copy of any document which discloses, or contributes to disclosing, the inaccuracy, and

(b) give notice of the rectification to any person who appears to the Keeper to be affected by it materially.

(5) Land register rules may make provision about—

(a) the persons to be notified by the Keeper, and

(b) the method by which such notice is to be given.

(6) A failure to comply with subsection (4) or with any rules so made does not affect the validity of a rectification under subsection (2).

Rectification where registration provisional etc.

81

(1) This section applies where it appears to the Keeper that rectification of an inaccuracy would interrupt a period of possession—

(a) which is current, and

(b) which, if uninterrupted, would, under section 1(1) or 2(1) of the Prescription and Limitation (Scotland) Act 1973 (c.52) (sections which provide for positive prescription), affect a real right.

(2) If the inaccuracy is in an entry marked provisional by virtue of section 44, the Keeper—

(a) may rectify the register if all those affected consent,

(b) where there is no such consent, must not rectify the register before the existence of the inaccuracy is judicially determined.

(3) In any other case, the Keeper—

(a) must—

(i) mark the relevant entry in the title sheet provisional,

(ii) enter in the appropriate section of the title sheet the name and designation of the true holder of the right affected by the inaccuracy (if any such person can be identified),

(b) may rectify the register if all those affected consent,

(c) where there is no such consent, must not rectify the register before the existence of the inaccuracy is judicially determined.

Referral of questions to Lands Tribunal

Referral to the Lands Tribunal for Scotland

82

(1) A person with an interest may refer a question relating to—

(a) the accuracy of the register, or

(b) what is needed to rectify an inaccuracy in the register,

to the Lands Tribunal for Scotland.

(2) The Lands Tribunal must, on determining the question, give notice to—

(a) the applicant,

(b) any other person appearing to them to have an interest, and

(3) This section is without prejudice to any other right of recourse, whether under an enactment or under a rule of law.

Keeper's right to be heard in proceedings

Proceedings involving the accuracy of the register

83

The Keeper is entitled to appear and be heard in any civil proceedings, whether before a court or tribunal, in which––

(a) the accuracy of the register, or

(b) what is needed to rectify an inaccuracy in the register,

is put in question.

Compensation in consequence of rectification

Rectification: compensation for certain expenses and losses

84

(1) The Keeper must pay compensation for—

(a) reimbursement of reasonable extra-judicial legal expenses incurred by a person in securing rectification of the register, and

(b) any loss sustained by the person in consequence of the inaccuracy rectified.

(2) A claimant is not required to exhaust other remedies before making a claim to such compensation.

(3) Payment by the Keeper under this section does not extinguish any rights which the claimant may have against another person in respect of the loss compensated.

(4) But it is a condition of any such payment that the claimant assigns any such rights to the Keeper.

(5) Interest on a sum payable under this section runs from the date mentioned in subsection (6) until the sum in question is paid.

(6) The date is—

(a) where the sum is payable by virtue of subsection (1)(a), the date on which the claimant paid the sum in question,

(b) where the sum is payable by virtue of subsection (1)(b), the date on which the loss was sustained.

(7) The Scottish Ministers may by regulations make provision as to the rate of interest payable by virtue of subsection (5).

Rectification: circumstances where liability excluded

85

The Keeper has no liability to pay compensation under section 84—

(a) if the inaccuracy is caused other than by a change made by the Keeper to a title sheet or the cadastral map,

(b) if the inaccuracy is consequent on an error in the cadastral map and that error was made in reasonable reliance on the base map,

(c) in so far as the inaccuracy is in an entry made on an application being accepted by virtue of section 43(1) or under section 43(5),

(d) in so far as the inaccuracy is caused by some act or omission on the part of the claimant,

(e) in so far as the claimant's loss could have been avoided by the claimant taking certain measures which it would have been reasonable for the claimant to take,

(f) in so far as the connection between the claimant's loss and the inaccuracy is too remote, or

(g) for non-patrimonial loss.

Part 9 — Rights of persons acquiring etc. in good faith

Ownership

Acquisition from disponer without valid title

86

(1) This section applies where a person (“A”), who is not the proprietor of a registered plot of land but—

(a) is entered in the proprietorship section of the title sheet as proprietor, and

(b) is in possession of the land,

purports to dispone the land.

(2) The disponee (“B”) acquires ownership of the land provided that the conditions in subsection (3) are met.

(3) The conditions are that—

(a) the land has been in the possession, openly, peaceably and without judicial interruption—

(i) of A for a continuous period of at least 1 year, or

(ii) of A and then of B for periods which together constitute such a period,

(b) at no time during that period did the Keeper become aware that the register was inaccurate as a result of A (or B) not being the proprietor,

(d) the disposition would have conferred ownership on B had A been proprietor when the land was disponed,

(e) at no time during the period mentioned in paragraph (a)—

(i) was the title sheet subject, by virtue of section 67, to a caveat relevant to the acquisition by B,

(ii) did the title sheet contain a statement under section 30(5), and

(f) the Keeper warrants (or is to be taken to warrant) A's title.

(4) The date on which ownership is acquired by virtue of subsection (2) is—

(a) where subsection (5) applies, the date on which the disposition is registered,

(b) where subsection (6) applies, the date on which the period of possession mentioned in that subsection expires.

(5) This subsection applies where, as at the date of registration, the land has been in the possession, openly, peaceably and without judicial interruption—

(a) of A for a continuous period of at least 1 year, or

(b) of A and then of B for periods which together constitute such a period.

(6) This subsection applies where there is a continuous period of possession such as is mentioned in subsection (5) but that period, though it commences before registration on the application of B, does not expire until a date later than the date of registration.

Acquisition from representative of disponer without valid title

87

(1) Section 86 also applies where a person (“P”), who is not entered in the proprietorship section of the title sheet as proprietor but who would have power to dispone the land—

(a) were A the proprietor, or

(b) (where A has died) had A been the proprietor,

purports to dispone it.

(2) For the purposes of section 86, possession of the plot of land by P is to be treated as if it were possession of the land by A.

Leases

Acquisition from assigner without valid title

88

(1) This section applies where a person (“A”), who is not the tenant under a registered lease but—

(a) is shown in the title sheet as tenant, and

(b) is in possession of the subjects of the lease,

purports to assign the lease.

(2) The assignee (“B”) acquires the lease provided that the conditions in subsection (3) are met.

(3) The conditions are that—

(a) the subjects of the lease have been in the possession, openly, peaceably and without judicial interruption—

(i) of A for a continuous period of at least 1 year, or

(ii) of A and then of B for periods which together constitute such a period,

(b) at no time during that period did the Keeper become aware that the register was inaccurate as a result of A (or B) not being the tenant,

(d) the lease is extant,

(e) B would have acquired the lease had A been tenant when the lease was assigned,

(f) at no time during the period mentioned in paragraph (a) was the title sheet subject, by virtue of section 67, to a caveat relevant to the acquisition by B, and

(g) the Keeper warrants (or is to be taken to warrant) A's title.

(4) The date on which the lease is acquired by virtue of subsection (2) is—

(a) where subsection (5) applies, the date on which the deed of assignation is registered,

(b) where subsection (6) applies, the date on which the period of possession mentioned in that subsection expires.

(5) This subsection applies where, as at the date of registration, the subjects of the lease have been in the possession, openly, peaceably and without judicial interruption—

(a) of A for a continuous period of at least 1 year, or

(b) of A and then of B for periods which together constitute such a period.

(6) This subsection applies where there is a continuous period of possession such as is mentioned in subsection (5) but that period, though it commences before registration on the application of B, does not expire until a date later than the date of registration.

Acquisition from representative of assigner without valid title

89

(1) Section 88 also applies where a person (“P”), who is not entered in the title sheet as tenant but who would have power to assign the lease—

(a) were A the tenant, or

(b) (where A has died) had A been the tenant,

purports to assign it.

(2) For the purposes of section 88, possession of the subjects of the lease by P is to be treated as if it were possession of the subjects by A.

Servitudes

Grant of servitude by person not proprietor

90

(1) This section applies where a person (“A”), who is not the proprietor of a registered plot of land but—

(a) is entered in the proprietorship section of the title sheet as proprietor, and

(b) is in possession of the land,

purports to create a servitude, with the land as the burdened property.

(2) The servitude is created provided that the conditions mentioned in subsection (3) are met.

(3) The conditions are that—

(a) the land has been in the possession of A, openly, peaceably and without judicial interruption, for a continuous period of at least 1 year,

(b) at no time during that period did the Keeper become aware that the register was inaccurate as a result of A not being the proprietor,

(d) at no time during the period mentioned in paragraph (a) was the title sheet subject, by virtue of section 67, to a caveat relevant to the creation of the servitude, and

(e) the Keeper warrants (or is to be taken to warrant) A's title.

(4) The date on which the servitude is created by virtue of subsection (2) is—

(a) where subsection (5) applies, the date of registration,

(b) where subsection (6) applies, the date on which the period mentioned in that subsection expires.

(5) This subsection applies where, as at the date of registration, the land has been in the possession of A, openly, peaceably and without judicial interruption, for a continuous period of at least 1 year.

(6) This subsection applies where there is a continuous period of possession such as is mentioned in subsection (5) but that period, though it commences before registration, does not expire until a date later than the date of registration.

(7) This section is subject to section 75 of the Title Conditions (Scotland) Act 2003 (asp 9) (creation of positive servitude by writing: deed to be registered).

Extinction of encumbrances etc.

Extinction of encumbrance when land disponed

91

(1) Where the conditions mentioned in subsection (2) are met, a person (“A”) who acquires ownership of land on registration or on a later date by virtue of section 86(4)(b)—

(a) takes the land free of an encumbrance which is not entered in the title sheet as at the date on which A acquires ownership of the land, and

(b) any such encumbrance is extinguished.

(2) The conditions are that, as at the date on which ownership is acquired—

(a) A is in good faith, and

(b) the title sheet is not, by virtue of section 67, subject to a caveat relevant to such acquisition by A.

(3) Subsection (1) does not apply to an heritable security which is not entered in the securities section of a shared plot title sheet by virtue of section 18(3)(b).

(4) “Encumbrance” in subsection (1) does not include—

(a) a public right of way,

(b) a path delineated in an order under section 22 of the Land Reform (Scotland) Act 2003 (asp 2) (compulsory powers to delineate paths in land in respect of which access rights are exercisable),

(d) a lease, or

(e) an encumbrance the creation of which does not require registration of the constitutive deed.

Extinction of encumbrance when lease assigned

92

(1) Where the conditions mentioned in subsection (2) are met, a person (“A”) who acquires a registered lease on registration or on a later date by virtue of section 88(4)(b)—

(a) takes that lease free of an encumbrance—

(i) of a kind mentioned in subsection (4), and

(ii) which is not entered in the title sheet as at the date on which A acquires the registered lease, and

(b) any such encumbrance is extinguished.

(2) The conditions are that, as at the date on which the lease is acquired—

(a) A is in good faith, and

(b) the title sheet is not, by virtue of section 67, subject to a caveat relevant to such acquisition by A.

(3) Subsection (1) does not apply to an heritable security which is not entered in the securities section of a shared lease title sheet by virtue of paragraph 8(b) of schedule 1.

(4) The encumbrances are—

(a) a heritable security over the lease,

(b) a title condition such as is mentioned in paragraph (d) or (e) of the definition of “title condition” in section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9).

Extinction of floating charge when land disponed

93

A person who, in good faith, acquires ownership of land from another person (“A”), takes the land free of any floating charge which was granted by a predecessor in title of A.

Compensation in consequence of this Part

Compensation for loss incurred in consequence of this Part

94

(1) The Keeper must pay compensation for loss incurred by a person mentioned in subsection (2).

(2) The person is one who—

(a) is deprived of a right by virtue of this Part, or

(b) is the proprietor of a property burdened by a servitude created by virtue of section 90.

(3) A claimant is not required to exhaust other remedies before making a claim to such compensation.

(4) Payment by the Keeper under this section does not extinguish any rights which the claimant may have against another person in respect of the loss compensated.

(5) But it is a condition of any such payment that the claimant assigns any such rights to the Keeper.

(6) The Keeper has no liability to pay compensation—

(a) in so far as the claimant's loss could have been avoided by the claimant taking certain measures which it would have been reasonable for the claimant to take,

(b) in so far as the claimant's loss is too remote, or

Quantification of compensation

95

(1) Compensation payable by virtue of section 94(1)—

(a) is, in so far as it is not compensation mentioned in paragraph (b), to be quantified as at the date on which the claimant lost the right or, as the case may be, on which the servitude was created, and

(b) is to include—

(i) reimbursement of reasonable extra-judicial legal expenses, and

(ii) compensation for any other consequential loss.

(2) Interest on a sum so payable runs from the date mentioned in subsection (3) until the sum in question is paid.

(3) The date is—

(a) where the sum is payable other than by virtue of subsection (1)(b), the date mentioned in subsection (1)(a),

(b) where the sum is payable by virtue of subsection (1)(b)(i), the date on which the claimant paid the sum in question, and

(4) The Scottish Ministers may by regulations make provision as to the rate of interest payable by virtue of subsection (2).

Part 10 — Electronic documents, electronic conveyancing and electronic registration

Electronic documents

Where requirement for writing satisfied by electronic document

96

(1) The Requirements of Writing (Scotland) Act 1995 (c.7) (the “1995 Act”) is amended as follows.

(2) In section 1 (writing required for certain contracts, obligations, trusts, conveyances and wills)—

(a) in subsection (2)—

(i) for “subsections (2A) and” substitute “ subsection ”,

(ii) after “written document” insert “ which is a traditional document ”,

(iii) after “section 2” insert “ or an electronic document complying with section 9B ”,

(iv) after paragraph (b) insert—

(ba) the constitution of an agreement under section 66(1) of the Land Registration etc. (Scotland) Act 2012 (asp 5),

(b) in subsection (3)—

(i) for “subsections (2)(a) or (2A)” substitute “ subsection (2)(a) ”,

(ii) repeal “written”,

(iii) for “an electronic document complying with section 2A,” substitute “ section 9B ”,

(3) The provisions of section 1 as amended by subsection (2) become Part 1 of the Act.

(4) The title of Part 1 is “When writing is required”.

Electronic documents

97

(1) The 1995 Act is further amended as follows.

(2) After section 9 insert—

(9A) This Part applies to documents which, rather than being written on paper, parchment or some similar tangible surface are created in electronic form (“electronic documents”). (9B) (1) No electronic document required by section 1(2) is valid in respect of the formalities of execution unless— (a) it is authenticated by the granter, or if there is more than one granter by each granter, in accordance with subsection (2), and (b) it meets such other requirements (if any) as may be prescribed by the Scottish Ministers in regulations. (2) An electronic document is authenticated by a person if the electronic signature of that person— (a) is incorporated into, or logically associated with, the electronic document, (b) was created by the person by whom it purports to have been created, and (c) is of such type, and satisfies such requirements (if any), as may be prescribed by the Scottish Ministers in regulations. (3) A contract mentioned in section 1(2)(a) may be regarded as constituted or varied (as the case may be) if— (a) the offer is contained in one or more electronic documents, (b) the acceptance is contained in another electronic document or in other such documents, and (c) each of the documents is authenticated by its granter or granters. (4) Where a person grants an electronic document in more than one capacity, authentication by the person of the document, in accordance with subsection (3), is sufficient to bind the person in all such capacities. (5) Nothing in this section prevents an electronic document which has not been authenticated by the granter or granters of it from being used as evidence in relation to any right or obligation to which the document relates. (6) Regulations under subsection (1)(b) or (2)(c) are subject to the negative procedure. (9C) (1) Where— (a) an electronic document bears to have been authenticated by the granter, (b) nothing in the document or in the authentication indicates that it was not so authenticated, and (c) the conditions set out in subsection (2) are satisfied, the document is to be presumed to have been authenticated by the granter. (2) The conditions are that the electronic signature incorporated into, or logically associated with, the document— (a) is of such type and satisfies such requirements as may be prescribed by the Scottish Ministers in regulations, and (b) (either or both)— (i) is used in such circumstances as may be so prescribed, (ii) bears to be certified, and that if the electronic signature bears to be certified (and does not conform with paragraph (b)(i)) the certification is of such type and satisfies such requirements as may be so prescribed. (3) Regulations under subsection (2) are subject to the negative procedure. (9D) (1) Where— (a) an electronic document bears to have been authenticated by a granter of it, and (b) there is no presumption under section 9C that the document has been authenticated by that granter, the court must, on an application being made to it by any person who has an interest in the document, if satisfied that the document was authenticated by that granter, grant decree to that effect. (2) Where— (a) an electronic document bears to have been authenticated by a granter of it, and (b) there is no presumption by virtue of section 9E(1) as to the time, date or place of authentication, the court must, on an application being made to it by any person who has an interest in the document, if satisfied as to that time, date or place, grant decree to that effect. (3) On an application under subsection (1) or (2), evidence is, unless the court otherwise directs, to be given by affidavit. (4) An application under subsection (1) or (2) may be made either as a summary application or as incidental to, and in the course of, other proceedings. (5) The effect of a decree— (a) under subsection (1), is to establish a presumption that the document has been authenticated by the granter concerned, or (b) under subsection (2), is to establish a presumption that the statement in the decree as to time, date or place is correct. (6) In this section, “the court” means— (a) in the case of a summary application— (i) the sheriff in whose sheriffdom the applicant resides, or (ii) if the applicant does not reside in Scotland, the sheriff at Edinburgh, or (b) in the case of an application made in the course of other proceedings, the court before which those proceedings are pending. (9E) (1) The Scottish Ministers may, in regulations, make provision as to the effectiveness or formal validity of, or presumptions to be made with regard to— (a) any alteration made, whether before or after authentication, to an electronic document, (b) the authentication, by or on behalf of the granter, of such a document, (c) the authentication, by or on behalf of a person with a disability, of such a document, or (d) any annexation to such a document, (including, without prejudice to the generality of this subsection, presumptions to be made with regard to the time, date and place of authentication of such a document). (2) Regulations under subsection (1) may make such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient for the purposes of, or in consequence of the regulations. (3) Subject to subsection (4), regulations under subsection (1) are subject to the negative procedure. (4) Regulations which–– (a) make provision of the kind mentioned in subsection (1)(b), or (b) add to, replace or omit any part of an Act (including this Act), are subject to the affirmative procedure. (9F) (1) An electronic document may be delivered electronically or by such other means as are reasonably practicable. (2) But such a document must be in a form, and such delivery must be by a means— (a) the intended recipient has agreed to accept, or (b) which it is reasonable in all the circumstances for the intended recipient to accept. (9G) (1) Subject to subsection (6), it is not competent— (a) to record an electronic document in the Register of Sasines, (b) to register such a document in the Land Register of Scotland, (c) to register such a document for execution or preservation in the Books of Council and Session, or (d) to record or register such a document in any other register under the management and control of the Keeper of the Registers of Scotland, unless both subsection (2) and subsection (3) apply in relation to the document. (2) This subsection applies where— (a) the document is presumed under section 9C or 9D or by virtue of section 9E(1) to have been authenticated by the granter, or (b) if there is more than one granter, the document is presumed by virtue of any of those provisions to have been authenticated by at least one of the granters. (3) This subsection applies where— (a) the document, (b) the electronic signature authenticating it, and (c) if the document bears to be certified, the certification, are in such form and of such type as are prescribed by the Scottish Ministers in regulations. (4) Before making regulations under subsection (3), the Scottish Ministers must consult with— (a) the Keeper of the Registers of Scotland, (b) the Keeper of the Records of Scotland, and (c) the Lord President of the Court of Session. (5) Regulations under subsection (3)— (a) may make different provision for different cases or classes of case, and (b) are subject to the negative procedure. (6) Subsection (1) above does not apply in relation to— (a) a document's— (i) being recorded in the Register of Sasines, (ii) being registered in the Land Register of Scotland or in the Books of Council and Session, or (iii) being recorded or registered in any other register under the management and control of the Keeper of the Registers of Scotland, if an enactment requires or expressly permits such recording or registration notwithstanding that the document is not presumed to have been authenticated by the granter or by at least one of the granters, (b) the recording of a court decree in the Register of Sasines or the registering of such a decree in the Land Register of Scotland, (c) the registering in the Books of Council and Session of— (i) a document registration of which is directed by the Court of Session, (ii) a document the formal validity of which is governed by a law other than Scots law, provided that the Keeper of the Registers of Scotland is satisfied that the document is formally valid according to that other law, (iii) a court decree granted under section 9D, or by virtue of section 9E(1), of this Act in relation to a document already registered in the Books of Council and Session, or (d) the registration of a court decree in a separate register maintained for that purpose. (7) An electronic document may be registered for preservation in the Books of Council and Session without a clause of consent to registration.

Amendment of Requirements of Writing (Scotland) Act 1995

98

Schedule 3, which contains modifications of the 1995 Act consequential on sections 96 and 97, has effect.

Electronic conveyancing

Automated registration

99

(1) The Keeper may, by means of a computer system under the Keeper's management and control, enable—

(a) the creation of electronic documents,

(b) the electronic generation and communication of applications for registration in the register, and

(2) Only a person authorised by the Keeper, whether directly or indirectly, may use the system mentioned in subsection (1) to make applications for registration.

(3) The Scottish Ministers may, by regulations, make provision about the system mentioned in subsection (1) including—

(a) the kinds of deeds which may be authorised for use in the system,

(b) the persons who may be authorised to use the system,

(d) the method of appeal against any such suspension or revocation,

(e) the imposition of obligations on persons using the system, and

(f) the creation of deemed warranties (whether in favour of the Keeper or of other users) by persons using the system.

(4) Before making such regulations, the Scottish Ministers must consult the Keeper.

Electronic recording and registration

Power to enable electronic registration

100

(1) The Scottish Ministers may, by regulations, make provision to enable the recording or registration of electronic documents in any register under the management and control of the Keeper.

(2) Regulations under subsection (1) may, in particular, make provision—

(a) regulating the making up and keeping of any such register,

(b) regulating the procedure to be followed by any person applying for recording or registration in any such register,

(i) any such application, and

(ii) the recording or registration of electronic documents to which such an application relates,

(d) that the Scottish Ministers consider necessary or expedient to enable recording or registration of electronic documents in any such register.

(3) Regulations under subsection (1) may modify any enactment.

(4) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) the Keeper,

(b) the Keeper of the Records of Scotland, and

Part 11 — Miscellaneous and general

Deduction of title

101

(1) Where a person applies to register a deed mentioned in subsection (2), the deed need not deduce title.

(2) The deed is one validly granted by the unregistered holder of—

(a) land, or

(b) a real right in land,

to which the deed relates.

Notes on register

Note of date on which entry in register is made

102

When an entry is made in the register there is to be included in that entry the date on which it is made.

Appeals

103

(1) An appeal may be made to the Lands Tribunal for Scotland, on a question of fact or on a point of law, against any decision of the Keeper under this Act.

(2) Subsection (1) is without prejudice to any other right of recourse, whether under an enactment or under a rule of law.

(3) Where a person successfully appeals against a decision of the Keeper to reject an application for registration, the application is not revived.

Extracts and certified copies

Extracts and certified copies: general

104

(1) A person may apply to the Keeper for an extract—

(a) of, or of any part of, a title sheet,

(b) of any part of the cadastral map, or

(2) A person may apply to the Keeper for a certified copy—

(a) of an application or advance notice in the application record,

(b) of, or of any part of, any other document in that record.

(3) The Keeper must issue the extract or, as the case may be the certified copy, if—

(a) such fee as is payable for issuing it is paid, or

(b) arrangements satisfactory to the Keeper are made for payment of that fee.

(4) If, on application under subsection (1)(a) or (b), the applicant requests an extract in relation to a title sheet or the cadastral map as at a specific date, the Keeper need comply with the request only to the extent that it is reasonably practicable to do so.

(5) An extract of a part of the cadastral map issued under subsection (3)—

(a) must include the base map so far as relating to that part either—

(i) as at the date on which the extract is issued, or

(ii) if the Keeper considers it appropriate to do so, as at some earlier date, and

(b) must specify the base map date opted for under paragraph (a).

(6) The Keeper may authenticate the extract or, as the case may be the certified copy, as the Keeper considers appropriate.

(7) The Keeper may issue the extract, or as the case may be the certified copy, as an electronic document if (and only if) the applicant requests that it be issued in that form.

Evidential status of extract or certified copy

105

(1) An extract or certified copy issued under subsection (3) of section 104 in relation to an application under subsection (1)(a) or (b) or (2)(a) of that section is to be accepted for all purposes as sufficient evidence of the contents—

(a) of the original, and

(b) of any matter relating to the original which appears on the extract or copy.

(2) An extract or certified copy issued under subsection (3) of that section in relation to an application under subsection (1)(c) or (2)(b) of that section is to be accepted for all purposes as sufficient evidence of the contents—

(a) of the document as submitted to the Keeper, and

(b) of any matter relating to the document as so submitted which appears on the extract or copy.

Liability of Keeper in respect of extracts, information and lost documents etc.

106

(1) A person is entitled to be compensated by the Keeper in respect of loss suffered as a consequence of—

(a) the issue of an extract or certified copy under section 104 that is not a true extract, or as the case may be a true copy,

(b) the provision (in writing or in such other manner as provision is made for in an order under section 107(1)(a)) of other information as to the contents of the register that is incorrect,

(2) The Keeper has no liability under subsection (1)—

(a) in so far as the claimant's loss could have been avoided by the applicant or claimant taking certain measures which it would have been reasonable for the applicant or claimant to take,

(b) in so far as a claimant's loss is too remote, or

Information and access

107

(1) The Scottish Ministers may, by order, make further provision as regards—

(a) information to be made available by the Keeper and the manner in which it is to be made available,

(b) access to any register under the management and control of the Keeper.

(2) In subsection (1)(a), “information” includes information in the form of extracts and certified copies.

Keeper's functions

Provision of services by the Keeper

108

(1) The Keeper may provide consultancy, advisory or other commercial services.

(2) Those services need not relate to the law and practice of registration.

(3) The terms on which those services are provided (including the fees charged for provision of them) are to be such as may be agreed between the Keeper and those provided with them.

(4) If the Keeper considers it expedient to do so in connection with the provision of any of those services, the Keeper may (either or both)—

(a) form, or participate in the forming of, a body corporate or other entity,

(b) purchase, or invest in, a body corporate or other entity.

(5) This section does not affect any other power or duty of the Keeper.

Performance of Keeper’s functions during vacancy in office etc.

109

(1) This section applies where—

(a) there is a vacancy in the office of the Keeper or the Keeper is incapable by reason of ill health of performing the Keeper's functions, and

(b) no person has been authorised by the Scottish Ministers, under section 1(6) of the Public Registers and Records (Scotland) Act 1948 (c.57), to perform the functions of the Keeper.

(2) A member of the Keeper's staff may perform the Keeper's functions.

(3) Any function performed by a member of the Keeper's staff by virtue of subsection (2) is to be treated as if it had been performed by the Keeper.

Fees

110

(1) The Scottish Ministers may, by order—

(a) provide for the fees payable in relation to—

(i) registering, recording or entering in any register under the management and control of the Keeper,

(ii) access to such a register,

(iii) information made available by the Keeper,

(b) provide for the method of paying any such fees, and

(c) authorise the Keeper to determine, in such circumstances and subject to such limitations and conditions as may be specified in the order, any such fees.

(2) An order under this section may make different provision for different cases or for different classes of case.

(3) Before making an order under this section, the Scottish Ministers must consult the Keeper about, among other things—

(a) the expenses incurred by the Keeper in relation to administering and improving the systems of—

(i) registering, recording or entering in any register under the management and control of the Keeper,

(ii) providing access to any such register, and

(iii) making information available,

(b) in the case of the register, the expenses incurred by the Keeper in bringing all titles to land into it,

(c) the desirability of encouraging registering, recording and entering in any register under the management and control of the Keeper.

(4) In subsections (1)(a)(iii) and (3)(a)(iii), “information”—

(a) includes information in the form of extracts and certified copies,

(b) does not include information provided by virtue of section 108.

Duty to take reasonable care

Duties of certain persons

111

(1) A person mentioned in subsection (2) must take reasonable care to ensure that the Keeper does not inadvertently make the register inaccurate as a result of a change made in consequence of the grant mentioned in that subsection.

(2) The persons are—

(a) a person granting a deed intended to be registered,

(b) a person who, in connection with the grant, acts as a solicitor or other legal adviser to the granter.

(3) A person mentioned in subsection (4) must take reasonable care to ensure that the Keeper does not inadvertently make the register inaccurate as a result of a change made in consequence of the application mentioned in that subsection.

(4) The persons are—

(a) a person making an application for registration,

(b) a person who, in connection with the application, acts as a solicitor or other legal adviser to the applicant.

(5) The Keeper is entitled to be compensated by a person in breach of the duty under subsection (1) or (3) for any loss suffered as a consequence of that breach.

(6) But a person has no liability under subsection (5) in so far as—

(a) the Keeper's loss could have been avoided by the Keeper taking certain measures which it would have been reasonable for the Keeper to take, or

(b) the Keeper's loss is too remote.

Offences

Offence relating to applications for registration

112

(1) A person mentioned in subsection (2) commits an offence if the person—

(a) makes a materially false or misleading statement in relation to an application for registration knowing that, or being reckless as to whether, the statement is false or misleading, or

(b) intentionally fails to disclose material information in relation to such an application or is reckless as to whether all material information is disclosed.

(2) The persons are—

(a) a person making an application for registration, or

(b) a person who, in connection with such an application, acts as solicitor or other legal adviser to the applicant.

(3) It is a defence for a person charged with an offence under subsection (1) (the “accused”) that the accused took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(4) The defence is established if the accused—

(a) acted in reliance on information supplied by another person, and

(b) did not know and had no reason to suppose that—

(i) the information was false or misleading, or

(ii) all material information had not been disclosed.

(5) Subsection (4) does not exclude other ways of establishing the defence mentioned in subsection (3).

(6) An accused may not rely on a defence involving the allegation that the commission of the offence was due to reliance on information supplied by another person unless—

(a) the accused has complied with subsection (7), or

(b) the court grants leave.

(7) The accused must serve on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as is in the accused's possession—

(a) in proceedings on indictment, at least 14 clear days before the preliminary hearing (where the case is to be tried in the High Court) or the first diet (where the case is to be tried in the sheriff court),

(b) in summary proceedings—

(i) where an intermediate diet is held, at or before that diet,

(ii) where no such diet is held, at least 10 clear days before the trial diet.

(8) Subsection (6) does not apply where—

(a) the accused lodges a defence statement—

(i) under section 70A of the Criminal Procedure (Scotland) Act 1995 (c.46), or

(ii) under section 125 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) in accordance with the time limits mentioned in subsection (7)(b), and

(b) the accused's defence involves an allegation that the commission of the offence was due to reliance on information supplied by another person.

(9) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a period not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both,

(b) on conviction on indictment, to imprisonment for a period not exceeding 2 years, to a fine, or to both.

General provisions

Interpretation

113

(1) In this Act, unless the context otherwise requires—

“1995 Act” means the Requirements of Writing (Scotland) Act 1995 (c.7),

“advance notice” has the meaning given by section 56(1),

“application for registration” means an application under section 21 or 27,

“application record” has the meaning given by section 15,

“archive record” has the meaning given by section 14(1),

“the base map” has the meaning given by section 11(6),

“benefited property” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9),

“burdened property” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9),

“cadastral map” has the meaning given by section 11(1),

“cadastral unit” has the meaning given by section 12,

“date of application” (in relation to an application for registration) has the meaning given by section 36,

“date of registration” has the meaning given by 37(1),

“deed” means a document (and includes a decree which is registrable under an enactment),

“designation” includes—where the person designated is not a natural person—the legal system under which the person is incorporated or otherwise established,if a number has been allocated to the person under section 1066 of the Companies Act 2006 (c.46), that number, andany other identifier (whether or not a number) peculiar to the person, andif the person designated has a right in land in a special capacity, a description of that capacity,

“the designated day” has the meaning given by section 122,

“enactment” includes—an enactment comprised in, or in an instrument made under, this Act, anda local and personal or private Act,

“existing title sheet” means a title sheet which is in existence immediately before the commencement of the designated day,

“flat” has the meaning given by section 29(1) of the Tenements (Scotland) Act 2004 (asp 11),

“flatted building” has the meaning given by section 16(4),

“heritable creditor” means the holder of a heritable security,

“heritable security” means—a standard security, orany other right in security over heritable property provided that it is not a right in security created as a floating charge,

“the Keeper” means the Keeper of the Registers of Scotland,

“land” includes—buildings and other structures,the seabed of the territorial sea of the United Kingdom adjacent to Scotland (including land within the ebb and flow of the tide at ordinary spring tides), andother land covered with water,

“land register rules” means rules made under section 115(1),

“lease” includes sub-lease,

“lease title sheet” means a title sheet for a registered lease,

“personal real burden” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9),

“plot of land” has the meaning given by section 3(4) and (5),

“possession” includes civil possession (analogous expressions being construed accordingly),

“proprietor” means a person who has a valid completed title as proprietor to a plot of land,

“protected period” has the meaning given by section 58(3),

“the register” means the Land Register of Scotland,

“registrable deed” is to be construed in accordance with section 49,

“sharing plot” and “shared plot” are to be construed in accordance with section 17(3),

“tenement” has the meaning given by section 26 of the Tenements (Scotland) Act 2004 (asp 11),

“title condition” has the meaning given by section 122(1) of the Title Conditions (Scotland) Act 2003 (asp 9),

“title sheet record” has the meaning given by section 3(3).

(2) A deed on which an application under section 21 is based is “valid” for the purposes of this Act if—

(a) by the registration applied for, a right would be acquired, varied or extinguished, or

(b) the deed is certificatory of an acquisition, variation or extinction which has taken place.

(3) In relation to a lease title sheet, any reference in this Act—

(a) to a proprietor is (except in section 66) to be read as a reference to the tenant,

(b) to a proprietorship section is to be construed as a reference to a tenancy section, and

(4) The Scottish Ministers may, by order, amend paragraph (b) of the definition of “designation” in subsection (1).

(5) Before making such an order, the Scottish Ministers must consult the Keeper.

References to “registering” etc. in the Land Register of Scotland

114

(1) In this Act (other than subsection (2)), unless the context otherwise requires—

(a) any reference to “registration” is to registration in the register, and

(b) analogous expressions are to be construed accordingly.

(2) Unless the context otherwise requires—

(a) any reference, however expressed, in any enactment to “registering” a document in the register, is to be construed as including a reference to giving effect to that document in accordance either with section 30 or with section 31, and

(b) analogous expressions are to be construed accordingly.

Land register rules

115

(1) The Scottish Ministers may, by regulations, make land register rules—

(a) regulating the making up and keeping of the register,

(b) regulating the procedure in relation to applications for registration,

(d) as to when the application record is open for the making of entries,

(e) requiring the Keeper to enter in the title sheet record such information as may be specified in the rules or authorising or requiring the Keeper to enter in that record such rights or obligations as may be so specified,

(f) relating to any other matter which this Act provides may or must be provided for by land register rules, or

(g) concerning other matters and seeming to them to be necessary or expedient in order to give full effect to the purposes of this Act.

(2) Before making land register rules, the Scottish Ministers must consult the Keeper.

Subordinate legislation

116

(1) Any power conferred by this Act on the Scottish Ministers to make orders or regulations may be exercised to make different provision for different cases or descriptions of case or for different purposes.

(2) Orders and regulations under the following provisions are subject to the negative procedure—

(a) section 11(6)(b),

(b) section 27(6),

(d) section 48(2) or (3),

(e) section 56(4),

(f) subject to subsection (4)(a), section 100(1),

(g) section 115(1),

(h) subject to subsection (4)(b), section 117(1),

(i) paragraph 2(5) or 7(5) of schedule 1A.

(3) Orders and regulations under the following provisions are subject to the affirmative procedure—

(a) section 37(3),

(b) section 43(8),

(d) section 61(3)(b),

(e) section 64(1),

(f) section 68(3),

(g) section 79(4),

(h) section 84(7),

(i) section 95(4),

(j) section 99(3),

(k) section 107(1),

(l) section 110(1),

(m) section 113(4).

(4) Orders and regulations under the following sections which add to, replace or omit the text of any Act are subject to the affirmative procedure—

(a) section 100(1),

(b) section 117(1).

Ancillary provision

117

(1) The Scottish Ministers may, by order, make such incidental, supplementary, consequential, transitory, transitional or saving provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision made by or under this Act.

(2) An order under subsection (1) may modify any enactment (including this Act).

Transitional provisions

118

Schedule 4, which contains transitional provisions, has effect.

Minor and consequential modifications

119

Schedule 5, which contains minor amendments and repeals, and amendments and repeals consequential upon the provisions of this Act, has effect.

Saving provisions

120

(1) The amendments to the Prescription and Limitation (Scotland) Act 1973 (c.52) made by paragraph 18(2) and (4) of schedule 5 do not apply in relation to a continuous period which has expired before the designated day.

(2) Despite the repeal, by paragraph 19(5) of schedule 5, of section 28(1) of the Land Registration (Scotland) Act 1979 (c.33), that section continues to have effect for the purposes of sections 15(4), 16, 20 to 22A and 29 of and schedules 1 and 3 to the 1979 Act.

Crown application

121

(1) No contravention by the Crown of section 112 makes the Crown criminally liable.

(2) But the Court of Session may, on the application of the Keeper or any person authorised by the Keeper, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Despite subsection (1), section 112 applies to persons in the public service of the Crown as it applies to other persons.

The designated day

122

The Scottish Ministers may, for the purposes of this Act, by order, designate a day (“the designated day”), being a day which falls not less than 6 months after the order is made.

Commencement

123

(1) The following sections come into force on the day after Royal Assent—

(a) section 113,

(b) section 114(1),

(d) section 117,

(e) section 122,

(f) this section, and

(g) section 124.

(2) The following provisions of this Act come into force on the designated day—

(a) Parts 1 to 9 (other than sections 53(4) and 64) and schedules 1 and 2,

(b) sections 101 to 106,

(d) section 112,

(e) section 114(2),

(f) section 115,

(g) section 118 and schedule 4,

(h) section 119 and schedule 5,

(i) section 120, and

(j) section 121.

(3) The other provisions of this Act come into force on such day as the Scottish Ministers may, by order, appoint.

Short title

124

The short title of this Act is the Land Registration etc. (Scotland) Act 2012.

SCHEDULE 1

Shared leases

1

This schedule applies where—

(a) an area of land—

(i) is tenanted in common by the tenants of two or more registered leases by virtue of their tenancy under those leases,

(ii) is not tenanted in common by anyone else,

(b) those registered leases have lease title sheets.

2

The Keeper may, if the Keeper considers it appropriate—

(a) where the area tenanted in common does not have a lease title sheet, make up such a title sheet and designate it as a “shared lease title sheet”,

(b) where that area is the subjects of a registered lease, make up (if necessary) a lease title sheet and designate it as a shared lease title sheet.

3

In the following provisions of this schedule—

(a) references to a “shared lease” are to a lease the title sheet of which is designated under paragraph 2,

(b) references to the “sharing leases” are to the other leases the tenants of which are tenants in common of the shared lease.

4

Unless the context otherwise requires, any reference in a document to a sharing lease is to be taken to include a reference to the share in the shared lease which pertains to the sharing lease.

5

Registration has the same effect in relation to a share in a shared lease which pertains to a sharing lease as it has in relation to the sharing lease (except in so far as may otherwise be provided in the deed registered).

6

The Keeper must enter—

(a) in the property section of the title sheet of each of the sharing leases the title number of the shared lease title sheet,

(b) in the proprietorship section of the shared lease title sheet, the title numbers of the title sheets of each sharing lease.

7

The Keeper must also enter—

(a) in the property section of the title sheet of each sharing lease, the quantum of the share which the tenant of that sharing lease has in the shared lease,

(b) in the proprietorship section of the shared lease title sheet, in relation to the information required by section 7(1)(b), the respective share each sharing lease has in the shared lease,

(c) in the securities section of that title sheet, a statement to the effect that the shared lease may be subject to a heritable security registered against a sharing lease,

(d) in the burdens section of that title sheet, a statement to the effect that the shared lease may be subject to some other encumbrance so registered.

8

The Keeper must not enter in or, if entered, must omit from—

(a) the proprietorship section of the shared lease title sheet, the information that would otherwise be required under section 7(1)(a),

(b) the securities section of that title sheet, the information that would otherwise be required under section 8(1) unless the security is over the shared lease only,

9

The Keeper may, if the condition mentioned in paragraph 10 is satisfied and the Keeper considers it appropriate, omit from the burdens section of the shared lease title sheet any entry which would otherwise be required under section 9(1).

10

The condition is that the encumbrance to which the entry would relate is (or falls to be) registered against each of the sharing leases.

Conversion of shared lease title sheet to ordinary lease title sheet

11

The Keeper may at any time revoke a designation under paragraph 2 of a lease title sheet as a shared lease title sheet.

12

Where the Keeper revokes a designation, the Keeper must make such changes to the title sheets of the leases that were, in relation to the shared lease title sheet, the shared lease and the sharing leases as are consequential upon the revocation.

SCHEDULE 2

1

The Registration of Leases (Scotland) Act 1857 (c.26) is amended as follows.

2

In section 1 (long leases, and assignations thereof, registrable in Register of Sasines)—

(a) before first “record” insert “ register in the Land Register of Scotland or as the case may be ”,

(b) for second “record” to “thereof” substitute “ register or record assignations and translations of such leases ”,

(d) after that subsection insert—

(2) In subsection (1) above, the expression “lands and heritages in Scotland” is, without prejudice to its generality, to be construed as including the seabed of the territorial sea of the United Kingdom adjacent to Scotland.

3

In the title of section 1 as so amended, for “registerable” substitute “ registrable in Land Register of Scotland or Register of Sasines ”.

4

In section 2 (recorded leases effectual against singular successors in the lands let)—

(a) after “duly” insert “ registered or ”,

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