Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Long Leases (Scotland) Act 2012

Type Act of the Scottish Parliament

Publication 2012-08-07

Last updated 2015-09-28

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(8) In the case of a claim for an additional payment arising from the extinction of a right to development value, the additional payment may not exceed such sum as would make up for any effect which the right produced, at the time when the condition reserving the right was imposed, in reducing the consideration (including rent) paid for or payable under the lease.

Additional payment: former tenant agrees

53

(1) This section applies where—

(a) a former landlord has served on the former tenant a notice in accordance with section 50, and

(b) the former tenant agrees to make the additional payment specified in the notice to the former landlord.

(2) The former tenant must, before the expiry of the period of 56 days beginning with the day on which the notice is served, make the additional payment to the former landlord.

(3) Subsection (2) is subject to section 57.

Additional payment: amount mutually agreed

54

(1) This section applies where—

(a) a former landlord has served on the former tenant a notice in accordance with section 50(2), and

(b) the former tenant and the former landlord agree the amount of the additional payment, being an amount other than that specified in the notice.

(2) The former landlord may, before the expiry of the period of 5 years beginning with the appointed day, serve on the former tenant a notice requiring that the agreed additional payment be made to the former landlord by the former tenant.

(3) The notice referred to in subsection (2) must—

(a) specify the agreed additional payment,

(b) be in the prescribed form, and

(4) Where the agreed additional payment is equal to or greater than £50, the former landlord must, together with the notice served under subsection (2), serve an instalment document on the former tenant.

(5) The former tenant must, before the expiry of the period of 28 days beginning with the day on which the notice is served under subsection (2), make the additional payment to the former landlord.

(6) Subsection (5) is subject to section 57.

Claim for additional payment: reference to Lands Tribunal

55

(1) If no agreement has been reached under section 53 or 54, the—

(a) former landlord, or

(b) former tenant,

may refer any matter arising in relation to a claim for an additional payment under section 50 to the Lands Tribunal.

(2) In determining any such matter, the Lands Tribunal may make such order as it thinks fit (including an order fixing the amount of additional payment).

(3) Where the Lands Tribunal makes an order fixing an additional payment which is equal to or greater than £50 it must provide the former tenant with the option of making the payment in instalments in accordance with section 57 but—

(a) no instalment document is required,

(b) in subsection (3)(b) of that section, for the words “when so returning such document” there is to be substituted “ before the expiry of the period of 28 days beginning with the day on which the Lands Tribunal makes the order fixing the additional payment ”, and

(c) the reference in subsection (4) of that section to the date on which the instalment document is served is to be construed as a reference to the date on which the Lands Tribunal makes the order.

(4) A reference under subsection (1) must be made before the expiry of the period of 5 years beginning with the appointed day.

Supplementary

Claims in excess of £500: preliminary notice

56

(1) This section applies where a landlord intends, after the appointed day, to require or (as the case may be) claim from the tenant under a qualifying lease—

(a) a compensatory payment which is,

(b) an additional payment which is, or

likely to exceed £500.

(2) The landlord must, not later than 6 months before the appointed day, serve on the person registered as tenant a notice (such notice being referred to in this Act as a “preliminary notice”) stating the landlord's intention to require or (as the case may be) claim such a payment.

(3) The preliminary notice must—

(a) be in the prescribed form,

(b) state—

(i) the amount of compensatory payment to be required or (as the case may be) additional payment to be claimed, or

(ii) where such amount cannot be determined, the best estimate of such amount, and

(4) Where a preliminary notice has not been served in accordance with this section—

(a) the amount of compensatory payment required under section 45(2),

(b) the amount of additional payment claimed under section 50(2), or

may not exceed £500.

Making payment by instalments

57

(1) This section applies where an instalment document under section 45(5), 50(5) or 54(4) is served on a former tenant.

(2) An instalment document must be—

(a) a filled out document in the prescribed form, and

(b) accompanied by a copy of the prescribed explanatory note.

(3) Subject to subsection (4), the former tenant obtains the option of making the compensatory or (as the case may be) additional payment by instalments only if—

(a) the former tenant signs, dates and returns the instalment document within the period which (but for this section) is allowed for making that payment—

(i) in the case of a compensatory payment, under section 46, or

(ii) in the case of an additional payment, under section 53(2) or (as the case may be) 54(5), and

(b) when so returning such document, the former tenant pays to the former landlord an amount equivalent to one tenth of the payment (such amount being payable in addition to the payment and irrespective of how or when such payment is subsequently made).

(4) If on or after the date on which an instalment document is served on the former tenant under a qualifying lease the former tenant ceases, by virtue of a sale or transfer for valuable consideration, to have right to the land in respect of which the claim for payment has been made or any part of that land then—

(a) where the former tenant has obtained the option mentioned in subsection (3), the former tenant loses that option and the outstanding balance of the entire payment falls due on the seventh day after the day on which the former tenant ceases to have that right, and

(b) where the former tenant has not obtained that option, the former tenant loses the right to obtain it and the following apply accordingly—

(i) in the case of a compensatory payment, section 46(2), or

(ii) in the case of an additional payment, section 53(2) or (as the case may be) 54(5).

(5) Subsections (6) to (8) apply where the option of making the payment by instalments is obtained.

(6) The instalments are to be equal instalments payable on the term days of Whitsunday and Martinmas which follow the making of the payment under subsection (3)(b).

(7) The number of instalments is set out in the following table—

Amount of compensatory or additional payment	Number of instalments
£50 or more than £50 but no more than £500	5
More than £500 but no more than £1,000	10
More than £1,000 but no more than £1,500	15
More than £1,500	20

(8) In a case where any instalment payable by virtue of subsections (6) and (7) remains unpaid for 42 days after falling due, the outstanding balance of the entire payment immediately falls due.

(9) In any other case, the former tenant may pay that outstanding balance at any time.

Collecting third party to disclose information

58

(1) This section applies where a landlord or (as the case may be) former landlord receives or has at any time received from a third party an amount—

(a) collected in respect of rent from, and

(b) remitted to the landlord or former landlord on behalf of,

a tenant or (as the case may be) former tenant.

(2) The third party must—

(a) if required by the landlord or (as the case may be) former landlord for the purpose of serving notice under section 45(2),

(b) in so far as it is practicable, and

disclose to the landlord or former landlord the information mentioned in subsection (3).

(3) The information referred to in subsection (2) is—

(a) the identity and address of the tenant or former tenant, and

(b) in a case where the rent remitted is part of a cumulo rent, the amount so collected from the tenant or former tenant.

Duty to disclose identity etc. of former tenant

59

(1) This section applies where—

(a) a former landlord purports to serve notice under section 45(2) or 50(2) on the former tenant, and

(b) the person on whom that notice is served—

(i) was the tenant at some time before the appointed day, but

(ii) is not the former tenant.

(2) The person on whom the notice is served must as soon as is reasonably practicable disclose to the former landlord—

(a) the identity and address of the former tenant, or

(b) (if that person cannot do so) such other information as that person has which might enable the former landlord to discover that identity and address.

Prescription of requirement to make payment

60

In Schedule 1 to the Prescription and Limitation (Scotland) Act 1973 (c.52) (which specifies obligations affected by prescriptive periods of 5 years under section 6 of that Act)—

(a) in paragraph 1, after sub-paragraph (ac) there is inserted—

(aca) to any obligation to make a payment under section 46, 53(2) or 54(5) of the Long Leases (Scotland) Act 2012 (asp 9),

, and

(b) in paragraph 2(e), for the words “, (aa), (ab) or (ac)” substitute “ to (aca) ”.

Interpretation of Part 4

61

(1) In this Part—

“former landlord”, in relation to a lease, means the person who was the landlord immediately before the appointed day, and

“former tenant”, in relation to a lease, means the person who was the tenant immediately before the appointed day.

(2) Where, immediately before the appointed day, the right as tenant under a lease is held by two or more persons in common—

(a) they are—

(i) severally liable to make any compensatory or (as the case may be) additional payment,

(ii) as between themselves, liable in the proportions in which they hold the right as tenant, and

(b) subject to section 74, they are together to be treated for the purposes of this Part as being a single tenant.

Part 5 — Exemption from conversion and continuing leases

Exempt leases

62

(1) If, immediately before the appointed day, land is subject to an exempt lease—

(a) that lease does not become the right of ownership of the land,

(b) any right of ownership of that land existing immediately before the appointed day and any superior lease is not extinguished, and

(i) the conversion of a qualifying lease into the right of ownership, or

(ii) the extinction of a right of ownership or (as the case may be) lease,

do not apply.

(2) In this Part, “exempt lease” is to be construed in accordance with sections 63 to 66.

Types of exempt lease

Exemption of qualifying lease by registration of notice

63

A lease is an exempt lease if—

(a) it is a qualifying lease, and

(b) the tenant under the lease, not later than 2 months before the appointed day, executes and registers a notice in the prescribed form (referred to in this Act as an “exemption notice”).

Exemption of qualifying lease by registration of agreement or order

64

(1) A lease is an exempt lease if—

(a) it is a qualifying lease,

(b) it is not a lease in relation to which cumulo rent is payable, and

(i) an agreement entered into with the tenant, or

(ii) an order made by the Lands Tribunal under section 69.

(2) The agreement must—

(a) be in the prescribed form,

(b) be signed by or on behalf of the landlord and the tenant,

(i) that the annual rent payable under the lease immediately before the appointed day will be over £100, or

(ii) that the annual rent paid under the lease was over £100 at any point during the relevant period.

(3) The relevant period is the period of 5 years ending on the day the Bill for this Act received Royal Assent.

Certain leases registered near or after the appointed day

65

A lease is an exempt lease if—

(a) it is not registered on the day falling 1 year before the appointed day,

(b) it would, had it been so registered, have been converted on the appointed day into a right of ownership under section 4(1)(a),

(d) it is subsequently registered (whether before, on or after the appointed day).

Subleases of exempt leases

66

A sublease of an exempt lease is an exempt lease if—

(a) it would have been converted on the appointed day into a right of ownership under section 4(1)(a), had the sublease been registered immediately before the appointed day, and

(b) it is registered (before, on or after the appointed day).

Recall of exemption

67

(1) This section applies in relation to a lease where—

(a) the lease is an exempt lease (other than by virtue of section 64), and

(b) the tenant under the lease executes and registers a notice in the prescribed form (referred to in this Act as a “recall notice”).

(2) On the day on which the recall notice is registered (“the registration day”) the lease ceases to be an exempt lease.

(3) Where the registration day—

(a) is less than 6 months before the appointed day,

(b) is the appointed day, or

this Act applies as if the appointed day were the first Whitsunday or (as the case may be) Martinmas occurring on or after the day which falls 6 months after the registration day.

(4) Section 56 does not apply in relation to the lease.

Supplementary

Exemption and recall notices: supplementary

68

(1) Subsections (2) and (3) apply to a tenant under a lease where—

(a) the lease is a qualifying lease and the tenant intends to execute and register an exemption notice, or

(b) the lease is an exempt lease and the tenant intends to execute and register a recall notice.

(2) Except where it is not reasonably practicable to do so, the tenant must, before the notice is executed, send by post to the person registered as landlord under the lease and (as the case may be) the person registered as landlord under any superior lease a copy of—

(a) the notice, and

(b) the prescribed explanatory note.

(3) Before the notice is executed, the tenant must state in the notice either—

(a) that a copy of the notice has been sent in accordance with subsection (2), or

(b) that it was not reasonably practicable for such a copy to be sent (and the reasons why that was so).

(4) An exemption notice or (as the case may be) recall notice must be registered against the title of the tenant who executed the notice.

Application to Lands Tribunal for order confirming rent

69

(1) A landlord under a lease may apply to the Lands Tribunal for an order confirming either—

(a) that the annual rent payable under the lease immediately before the appointed day will be over £100, or

(b) that the annual rent paid under the lease was over £100 at any point during the relevant period.

(2) The relevant period is the period of 5 years ending on the day the Bill for this Act received Royal Assent.

(3) An application may be made under subsection (1) only if the landlord has first attempted to reach agreement as respects the annual rent with the tenant under the lease.

(4) The application—

(a) must include a description by the landlord of the requisite attempt to reach agreement, and

(b) must be made not later than 1 year after the day on which this section comes into force.

(5) The Lands Tribunal must give notice of the application, whether by way of advertisement or otherwise, to the tenant.

(6) The tenant may oppose or make representations in relation to the application.

(7) The Land Tribunal must allow the tenant to be heard in relation to the application.

(8) The decision of the Lands Tribunal on an application under subsection (1) is final.

(9) A tenant opposing an application made under subsection (1) incurs no liability in respect of expenses incurred by the landlord unless, in the opinion of the Lands Tribunal, the actings of the tenant are vexatious or frivolous.

Part 6 — General and miscellaneous

The appointed day

70

In this Act, the “appointed day” means the first Martinmas occurring on or after the day 2 years after the day on which this section comes into force.

Duration of lease etc.

Determining duration of lease

71

(1) In calculating the period for which a lease is granted for the purposes of any provision of this Act—

(a) any provision of a lease (however expressed) enabling the lease to be terminated earlier than the date on which it would otherwise terminate must be disregarded,

(b) where a lease includes provision (however expressed) requiring the landlord to renew the lease, the period for which any such renewed lease would, were that provision complied with, be granted must be added to the period for which the original lease is granted,

(c) where the period for which a lease is granted is expressed (in whole or in part) by reference to the lifetime of a person, the period expressed by reference to that lifetime is—

(i) in a case where such person is deceased and the period beginning on the first day of the period for which the lease was granted and ending on the day that person died can be ascertained, that period,

(ii) in a case where such person is identifiable and is not deceased, deemed to be the period of life expectancy as calculated in accordance with the table of life expectancy set out in regulations made by the Scottish Ministers, or

(iii) in any other case, deemed to be a period of 35 years, and

(d) where, before the end of the period for which a lease is granted, the parties to that lease enter into a subsequent lease—

(i) of the same subjects as the original lease, and

(ii) for a period beginning immediately after the end of the period for which such lease is granted,

the period for which the subsequent lease is granted must be added to the period for which the original lease is granted.

(2) Subsection (1)(b) to (d) is subject to section 67 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) (prohibition of leases of more than 175 years).

Leases continuing on tacit relocation

72

Part 4 and section 71(1)(b) apply in relation to a lease which is continuing by tacit relocation as if any provision (however expressed)—

(a) included in the lease prior to it so continuing, and

(b) requiring the landlord to renew the lease,

had been complied with.

Extinction of right of irritancy in certain leases

73

(1) On and after the day on which this section comes into force, it is not competent for a lease to which subsection (2) applies to be terminated by irritancy.

(2) This subsection applies to a lease which, immediately before the day on which this section comes into force, is a right of lease in land which—

(a) complies with section 1(3), or

(b) had it been registered, would comply with that section.

(3) But subsection (2) does not apply to a lease which, on the day this section comes into force, is an exempt lease by virtue of section 64.

(4) Any proceedings already commenced to enforce any right of irritancy in relation to a lease to which subsection (2) applies are deemed to be abandoned on the day on which this section comes into force and may, without further process and without any requirement that full judicial expenses be paid by the pursuer, be dismissed accordingly.

(5) Subsection (4) does not affect any cause in which final decree (that is to say, any decree or interlocutor which disposes of the cause and is not subject to appeal or review) is granted before the coming into force of this section.

Notices etc.

Service of notices

74

(1) Service of a notice on a person under section 17(1)(a) or Part 4 must be effected—

(a) by delivering it to the person,

(b) by sending it to the person at a place mentioned in subsection (2)—

(i) by a registered post service (as defined in section 125(1) of the Postal Services Act 2000 (c.26)), or

(ii) by a postal service which provides for the delivery of the notice to be recorded,

(c) in a case where a notice sent under paragraph (b) is returned to the person who sent it with an intimation that it could not be delivered—

(i) by delivering it, or

(ii) by sending it by post,

with that intimation to the Extractor of the Court of Session.

(2) The place referred to in subsection (1)(b) is—

(a) the person's place of residence,

(b) the person's place of business,

(d) if none of those places or that address is known at the time of delivery or posting, whatever place is at that time the person's most recently known—

(i) place of residence,

(ii) place of business, or

(iii) postal address which the person ordinarily used.

(3) For the purposes of this Act, any of the following is sufficient evidence of service of the notice—

(a) an acknowledgement in the prescribed form signed by the person on whom the notice is served,

(b) in the case of a notice sent under subsection (1)(b), a certificate in the prescribed form signed by the sender of the notice and accompanied by the postal receipt,

(c) in the case of a notice delivered or sent under subsection (1)(c), an acknowledgement of receipt by the Extractor on a copy of the notice.

(4) The date on which a notice is served on a person is the date of delivery or (as the case may be) posting of the notice.

(5) In this section, “notice” includes an instalment document.

Notices: pre-registration requirements

75

(1) This section applies in relation to any notice which is to be submitted for registration under section 8 or Part 2.

(2) Except where it is not reasonably practicable to do so, the person who intends to execute the notice must, before so doing, send by post to the tenant under the qualifying lease (addressed to “The Tenant” where the name of that person is not known) a copy of—

(a) the notice, and

(b) the prescribed explanatory note relating to the notice.

(3) The person who executes the notice must, in the notice, state either—

(a) that a copy of the notice has been sent in accordance with subsection (2), or

(b) that it was not reasonably practicable for such a copy to be sent (and the reasons why that was so).

Keeper’s duty as regards documents

76

(1) In relation to any notice submitted for registration under this Act, the Keeper is not required to determine whether the terms of section 68(2) or (as the case may be) 75(2) have been complied with.

(2) In relation to any notice or (as the case may be) agreement submitted for registration under—

(a) section 14, 17, 23, 24, 25, 26, 27 or 28, the Keeper is not required to determine whether, for the purposes of registering the notice or agreement, a qualifying condition is enforceable by the person submitting the notice or agreement for registration,

(b) section 14, the Keeper is not required to determine—

(i) in pursuance of subsection (3)(e) of that section, that an attempt to reach agreement has been made in accordance with section 21(3), or

(ii) where the condition specified under subsection (3)(f) of that section is the condition mentioned in subsection (4)(a) of that section, whether the terms of that condition are satisfied,

(d) section 24 to 26, the Keeper is not required to determine whether—

(i) for the purposes of subsection (1) of the section in question, a qualifying condition is imposed for the reasons mentioned in that subsection, or

(ii) the statement made in pursuance of section 24(2)(g), 25(2)(f) or (as the case may be) 26(2)(g) is correct.

(3) The Keeper is not required to determine for the purposes of section 8(7) whether immediately before the appointed day a sporting right is still enforceable.

(4) The Keeper is not required to determine for the purposes of section 16, 19, 23(7), 24(4), 25(4), 26(4), 27(5) or 28(5) whether immediately before the appointed day a qualifying condition is, or is still, enforceable, or by whom.

(5) In relation to any order submitted for registration under section 64(1)(c)(ii), the Keeper is not required to determine that an attempt to reach agreement has been made in accordance with section 69(3).

Disputed notices: reference to Lands Tribunal

77

(1) A dispute arising in relation to a notice registered under this Act may be referred to the Lands Tribunal.

(2) In determining the dispute, the Lands Tribunal may make such order as it thinks fit discharging or, to such extent as may be specified in the order, restricting the notice in question.

(3) An order under subsection (2) has effect in respect of a third party when an extract of the order is registered.

Certain documents registrable despite initial rejection

78

(1) This section applies where one of the following is rejected by the Keeper—

(a) a notice submitted before the appointed day for registration under section 8(2) or Part 2,

(b) an agreement submitted before the appointed day for registration under section 17(1)(c),

(c) an exemption notice submitted before the day falling 2 months before the appointed day for registration under section 63, or

(d) an agreement submitted before the day falling 2 months before the appointed day for registration under section 64(1)(c).

(2) Where a court or the Lands Tribunal determines the notice or agreement is registrable, it may be registered not later than the day falling 2 months after the day on which the court or the Lands Tribunal made the determination.

(3) An exemption notice or an agreement mentioned in subsection (1)(d) which is registered under subsection (2) on or after the day falling 2 months before the appointed day is to be treated as if it had been registered before that day.

(4) Any other notice or agreement which is registered under subsection (2) on or after the appointed day is to be treated as if it had been registered before the appointed day.

(5) The Scottish Ministers may by order—

(a) specify a date after which (or a period after the expiry of which) notices and agreements cannot be registered under subsection (2),

(b) provide that subsection (2) applies only where the application to the court or to the Lands Tribunal which resulted in the determination is made within such period as the order may specify.

(6) In this section, “court” means Court of Session or sheriff.

Miscellaneous

Amendments to enactments

79

The schedule makes minor and consequential amendments.

Interpretation

80

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

“the 2003 Act” means the Title Conditions (Scotland) Act 2003 (asp 9),

“additional payment” has the meaning given by section 50,

“appointed day” has the meaning given by section 70,

“compensatory payment” has the meaning given by section 45,

“cumulo renewal premium” has the meaning given by section 38(1),

“cumulo rent” has the meaning given by section 38(1),

“exempt lease” has the meaning given by section 62,

“freshwater fish” means any fish living in fresh water—including trout and eels (and the fry of eels),excluding salmon and any kind of fish which migrate between the open sea and tidal waters,

“harbour” and “harbour authority” have the meanings given by section 57(1) of the Harbours Act 1964 (c.40),

“Keeper” means Keeper of the Registers of Scotland,

“land” includes anything held or which, by its nature, may be held as a separate tenement,

“landlord”, in relation to a lease, means the person who has right as landlord under the lease whether or not such person has completed title (and, where more than one person comes within that description, the person who most recently acquired that right),

“Lands Tribunal” means Lands Tribunal for Scotland,

“lease” includes a sublease,

“owner”, in relation to any land, means the person who has right to the land whether or not such person has completed title (and, where more than one person comes within that description, the person who most recently acquired that right),

“partially continuing lease” has the meaning given by section 37,

“prescribed” means prescribed by the Scottish Ministers in regulations,

“qualifying lease” has the meaning given by section 1(1),

“qualifying condition” means a condition which qualifies under section 10,

“Register of Sasines” has the same meaning as in section 2 of the Conveyancing (Scotland) Act 1924 (c.27),

“registered” means registered in the Land Register of Scotland or (as the case may be) recorded in the Register of Sasines; and cognate expressions are to be construed accordingly,

“renewal obligation” has the meaning given by section 37,

“renewal period” has the meaning given by section 37,

“renewal premium” has the meaning given by section 37,

“sporting right” has the meaning given by section 8(1),

“superior lease” has the meaning given by section 4, and

“tenant”, in relation to a lease, means the person who has right as tenant under the lease, whether or not such person has completed title (and where more than one person comes within that description, the person who most recently acquired that right).

(2) Subject to the provisions of this Act, expressions used in this Act and in the 2003 Act have the same meaning in this Act as they do in that Act.

Ancillary provision

81

(1) The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in connection with this Act.

(2) Subject to subsection (3), an order under subsection (1) is subject to the negative procedure.

(3) An order under subsection (1) which adds to, replaces or omits any part of the text of an Act (including this Act) is subject to the affirmative procedure.

Subordinate legislation

82

(1) Any power of the Scottish Ministers to make an order under section 78(5) or regulations under this Act includes power to make—

(a) such incidental, consequential, supplementary, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient, and

(b) different provision for different purposes.

(2) Orders under section 78(5) and regulations under this Act are subject to the negative procedure.

Commencement

83

(1) Sections 81 and 82, this section and section 84 come into force on the day of Royal Assent.

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

(3) An order under subsection (2) may include such transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient in connection with the commencement of this Act.

Short title

84

The short title of this Act is the Long Leases (Scotland) Act 2012.

SCHEDULE

Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)

1

In section 9(2B) (no standard security over personal pre-emption burden or personal redemption burden) of the Conveyancing and Feudal Reform (Scotland) Act 1970, after the words “Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5)” insert “ or as the case may be of section 23 of the Long Leases (Scotland) Act 2012 (asp 9)) ”.

Tribunals and Inquiries Act 1992 (c.53)

2

In section 11(7) of the Tribunal and Inquiries Act 1992 (which makes provision for Scotland in relation to appeals from certain tribunals), in paragraph (c)—

(a) the words after “under” become sub-paragraph (i), and

(b) after that sub-paragraph insert—

(ii) section 21 of the Long Leases (Scotland) Act 2012 (asp 9) (applications in relation to the conversion of certain conditions in leases into real burdens); or (iii) section 69 of that Act (applications in relation to confirmation of rent);

Title Conditions (Scotland) Act 2003 (asp 9)

3

(1) The 2003 Act is amended in accordance with this paragraph.

(2) In section 12 (division of a benefited property), in subsection (4)(a), after “Act” insert “ or sections 29 or 31 of the Long Leases (Scotland) Act 2012 (asp 9) ”.

(3) In section 20 (notice of termination of real burdens), after subsection (6) insert—

(7) This section applies to a real burden created by the conversion of a qualifying condition under Part 2 of the Long Leases (Scotland) Act 2012 (asp 9) as if the reference to the “constitutive deed” were a reference to the deed setting out the qualifying condition.

(4) In section 63 (manager burdens)—

(a) in subsection (4)(d), for “the case mentioned in subsection (6)” substitute “ either of the cases mentioned in subsection (6) or (6A) ”,

(b) in subsection (5)(a), for “the case” substitute “ either of the cases ”,

(6A) The case is where— (a) a leasehold condition is imposed on the disposal, by virtue of section 61 of the Housing (Scotland) Act 1987 as modified by section 84A of that Act (application of right to buy in cases where landlord is lessee), of a landlord's interest in a property by— (i) a person such as is mentioned in any of the sub-paragraphs of subsection (2)(a) of section 61; or (ii) a predecessor of such a person, to a tenant of such a person; and (b) that condition is converted into a manager burden under section 30 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying conditions into manager burdens).

, and

(d) in subsection (8)(b)—

(i) for “that” substitute “ those ”, and

(ii) for “subsection (6)” substitute “ subsections (6) or (6A) ”.

(5) In section 105 (consequential alterations to Land Register)—

(a) in subsection (2), for the words from “section”, where it first occurs, to “Act”, where it second occurs, substitute

— (a) section 18, 19 or 20 of the 2000 Act; (b) section 15 or 18 of the Long Leases (Scotland) Act 2012 (asp 9); or (c) section 4(5), 50, 75 or 80 of this Act,

, and

(b) in subsection (3), after paragraph (a) insert—

(aa) any— (i) notice under section 14 of the Long Leases (Scotland) Act 2012; or (ii) agreement under section 17 of that Act, which converts a qualifying condition (within the meaning of that Act) into a real burden;

(6) In section 122 (interpretation), subsection (1)—

(a) in the definition of “conservation burden” the word “or” immediately following sub-paragraph (a) is repealed and after sub-paragraph (b) insert—

(c) obtained by virtue of section 27 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying condition to conservation burden); or (d) obtained by virtue of section 28 of that Act (conversion of qualifying condition to conservation burden where conservation body or Scottish Ministers nominated to enforce);

(b) in the definition of “economic development burden”, at the end insert “ and to a real burden created under section 24 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying condition to economic development burden) ”,

(c) in the definition of “health care burden”, at the end insert “ and to a real burden created under section 25 of the Long Leases (Scotland) Act 2012 (asp 9) (conversion of qualifying condition to health care burden) ”,

(d) in the definition of “personal pre-emption burden” and “personal redemption burden” after the word “Act” insert “ and section 23(1) of the Long Leases (Scotland) Act 2012 (asp 9) ”.

Meaning of “qualifying lease”

Qualifying conditions

Partially continuing leases and renewal obligations etc.

Requiring compensatory payment

Interpretation of Part 4

Claiming additional payment

Claims in excess of £500: preliminary notice

Interpretation of Part 4

Exempt leases

The appointed day

Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)

Tribunals and Inquiries Act 1992 (c.53)

Title Conditions (Scotland) Act 2003 (asp 9)

Editorial notes

[^key-069543e96d861fe369e2b74d1b60897f]: S. 1 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(a)

[^key-2b08414025871071df6b97fb203badb1]: S. 2 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(a)

[^key-98ce1f9bf79dde0b5db2b1b1882e1511]: S. 3 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(a)

[^key-e8217583b54cde832c6bb77f0dc70e7a]: S. 4 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(a)

[^key-0984c4db8194bc311431869284f5036d]: S. 5 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(a)

[^key-974b13aee1f254d1752c08615b23921c]: S. 6 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(a)

[^key-709750787a4dddab70937c3eeaa755df]: S. 7 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(a)

[^key-ce288f4ed7e89d47c56defca3bd3d86e]: S. 10 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(b)

[^key-d2d0964686955693be9a5edf5e91dbee]: S. 11 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(b)

[^key-f46fe9cec02080b917203db034cff055]: S. 12 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(b)

[^key-05db94b48eb213e4696e8319272a7ca9]: S. 29 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(c)

[^key-b5608465622fc15f01c1fba6a1a91723]: S. 30 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(c)

[^key-b333d0e36b11d8b5d40ddf03014fd6de]: S. 31 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(c)

[^key-761646def5c5ddaab0e6d679e93638e9]: S. 32 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(c)

[^key-1faf1359514a0e5b1934495cf3814f9f]: S. 33 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(c)

[^key-9a6a45457f05a76f701bfcd128f30544]: S. 34 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(c)

[^key-a070394857abc53c94616de36f184655]: S. 35 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(c)

[^key-52ea64d645a271e29f2148c8dddb42d0]: S. 36 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(c)

[^key-c45b008ce97eea9ecd0ccfb45233b501]: S. 45 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-52a11b57573e0503b98bd5ad7e15bea8]: S. 46 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-08f411805f08fa55535d05d368ecffb1]: S. 47 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-ee4e312ecc1ab8fc681cb1d560c8fcbf]: S. 48 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-14dd5a69925063b26c85dba569260311]: S. 49 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-90d9d25aa0447861b95033cf254fede6]: S. 50 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-318729ffd4b2ee260c4497e7532a1e78]: S. 51 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-83c9dde64dcaa7a88eb455190af048fd]: S. 52 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-dc7d9cc412e24a289365519e86f5180f]: S. 53 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-fb551b324bdb3d2ab605cc835890dafc]: S. 54 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-3ef5b70c7fbb049d47f8090fa2c483d2]: S. 55 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(d)

[^key-fa959d93ff7c1ee8a3fe054f418266cd]: S. 57 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(e)

[^key-d9de333a3d194564d4e2cd3dcb9cd7bd]: S. 58 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(e)

[^key-61a7d329ff9b205750704f529a07dadd]: S. 59 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(e)

[^key-f58208c0f2f5463189188d9d5c522eb7]: S. 60 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(e)

[^key-b7a286d2dfc8ceec25832851948e824a]: S. 61 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(e)

[^key-42c675de5487583c18b3c2f60ce073d4]: S. 62 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(e)

[^key-f2f818c880ff8dedd1f33849b53f500e]: S. 65 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(f)

[^key-7d765a6f8787801dc3b5f19fac51e5c8]: S. 66 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(f)

[^key-e012c8a7ce3fdcffe4818061f77d86c1]: S. 68 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(g)

[^key-a441bbd02d8e7611125aa97843e5fd3e]: S. 70 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(h)

[^key-6e2fb7576ea7bed8b4f6c0fa4e05698c]: S. 71 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(h)

[^key-c255642baac4ea92c3b97033269fce7e]: S. 72 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(h)

[^key-361868b739319785324406474a4997c5]: S. 74 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(i)

[^key-8c2abaad32f4bb6f1b3d4f02881af8c6]: S. 75 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(i)

[^key-34b79fde669e6541d5963ad6bce30b68]: S. 76 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(i)

[^key-5b891642af1584ee02c5be3d1a4da8fd]: S. 79 in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(I)

[^key-b3a9e9311808f8ac2b426f554cd6442a]: Sch. para. 3(2)-(4) in force at 28.11.2013 by S.S.I. 2013/322, art. 2(I)

[^key-d00f49250bf58cf6c4277b2fd4eb7938]: S. 78(5)(6) in force at 28.11.2013 by S.S.I. 2013/322, art. 2(j)

[^key-d8cd81557a6a6c63300d43bb3a9103af]: S. 80 in force at 28.11.2013 by S.S.I. 2013/322, art. 2(k)

[^key-eb1d845085b9bab97beb7985586a33b1]: S. 14(3)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-b792603dd5fdf8991b39e64b9a8458cd]: S. 17(4)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-f99923f72d916db091d4fc832787038e]: S. 23(3)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-c93a8ddec03f6d3d80f4cfd7abb2b6ce]: S. 24(2)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-9af54fb6af8ac2dd89140e16176d71d8]: S. 25(2)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-df979af9db1404b7b1617fcfd7e5def3]: S. 26(2)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-ed54293bd690a3f525ef23f1b996848d]: S. 27(3)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-ba2e65d7cd13de30932a677e066ef52b]: S. 28(3)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-15d9f59eb9bce90522049b2734c07ec7]: S. 56(3)(a)(c) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-43cb8e6aba4925ba902553827c817425]: S. 63(b) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-4738c20d359210e83f7353d16dd3862e]: S. 64(2)(a) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-b7c7c6bed74dcd76685694739ed4b3a8]: S. 67(1)(b) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-6a4236e700c1e6d22ec51395ad7ce90e]: S. 8(2) in force at 28.11.2013 for specified purposes by S.S.I. 2013/322, art. 2(m), Sch.

[^key-8758e46dc3f08319f121f1b62100abc2]: S. 8(1)(3)-(11) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(a)

[^key-94b3aa2a4f20cf602434d7e1e29d7f5c]: S. 8(2) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(a)

[^key-590100819fecb1cb155e8203280b385e]: S. 9 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(a)

[^key-2c247ecf5fa2219e37fc7edb22e49f88]: S. 13 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-840106cfa47620eb85c2581736fc0408]: S. 14(3)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(b)

[^key-ac11f0b3da2ba739f3c87fb524a569ef]: S. 14(1)(2)(3)(b)-(h)(4)-(6) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-02b0a7b70ebefecbd2c7e0b3cd5c4930]: S. 15 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-dfee3e719561064f9e605a218faf9cbb]: S. 16 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-449cd63d0ae35a93f1b670bbd4925a07]: S. 17(4)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(b)

[^key-dc99bea5a680ea6b94e0db09482cf0c4]: S. 17(1)-(3)(4)(b)-(f)(5)-(7) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-ce14fd64bcd6e4e7f0f7165a22925a9a]: S. 18 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-d20b33654ceaf74c78cc7c7183b68fb8]: S. 19 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-68be36720034b9c569353570a9c87ae7]: S. 20 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-5545445619ab5d1c000bfce2e40db611]: S. 21 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-9981309fee31f9869b24906ad9db9596]: S. 22 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-ccae8f041b68dc186b0dcc7a3b0de488]: S. 23(3)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(b)

[^key-4ca4a209c355d104f55d913a240011ff]: S. 23(1)(2)(3)(b)-(e)(4)-(12) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-860435c008a3456bdeaa53b834190a8c]: S. 24(2)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(b)

[^key-12780531a92d2081ed72cd18920ff1a9]: S. 24(1)(2)(b)-(g)(3)-(5) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-bb62b0602678739623515b9a1b0c868c]: S. 25(2)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(b)

[^key-8e8ef19ca765c42c0c282a1a489cb3de]: S. 25(1)(2)(b)-(g)(3)-(5) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-b20570096c57da5fd20577c3b112a71e]: S. 26(2)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(b)

[^key-9028013006a29169885cb4204fa0dcfe]: S. 26(1)(2)(b)-(g)(3)-(6) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-e40be8bb7471587601154e21da0c54b3]: S. 27(3)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(b)

[^key-d396aae36fbc083573c9a1fe23b84624]: S. 27(1)(2)(b)-(g)(3)-(6) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-caceb4014957c639ba7957c3d52b141a]: S. 28(3)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(b)

[^key-f1777fc32aada969e15fb20d7c88eda6]: S. 28(1)(2)(3)(b)-(d)(4)-(6) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(b)

[^key-132f4a7b09c24382287590e8bedc330b]: S. 37 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(c)

[^key-8c646864092cac79496044ebc917140f]: S. 38 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(c)

[^key-d8178d147e33dd0530a1ca056b4c07c6]: S. 39 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(c)

[^key-7a22673e719df250e4e8c9dec9b740f3]: S. 40 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(c)

[^key-5531390f3a757c7b9e2afe6aaeaabaf5]: S. 41 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(c)

[^key-2f4f61ded8669ee76d5754fcc17af6ae]: S. 42 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(c)

[^key-85636c5690286804d79b3260cea3aa58]: S. 43 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(c)

[^key-06d5328ee0e888044d2e78edaaa23994]: S. 44 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(c)

[^key-60ff40084d2ef9f67267df403d2624ab]: S. 56(3)(a)(c) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(d)

[^key-5e02169b4eef7752dfe0a2fe84abbd04]: S. 56(1)(2)(3)(b)(4) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(d)

[^key-4a7ea27ed95b6dc288008d3968424c9d]: S. 63(b) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(e)

[^key-0dcf6648126821bdeb65252e6ae4680e]: S. 63(a) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(e)

[^key-c13c8866c92694a59f2145c4eb552d53]: S. 64(2)(a) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(e)

[^key-d6a0cb1ed578395f0f10377852a430ce]: S. 64(1)(2)(b)(2)(c)(3) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(e)

[^key-0eb82ff8c850102afb80b505844a79b5]: S. 67(1)(b) in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(f)

[^key-7f8e1ed998b9d2d8e220a23240c89ccf]: S. 67(1)(a)(2)-(4) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(f)

[^key-127bec8402d42f72d6da4fcb3d45349f]: S. 69 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(g)

[^key-504e2191a2c5ad977fd4838cf596dfc3]: S. 77 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(h)

[^key-8454bcba93b4be2585c36bc3251b3689]: S. 79 in force at 21.2.2014 in so far as not already in force by S.S.I. 2013/322, art. 3(i)

[^key-5e10b63808324acb4468e8341e5512f8]: Sch. para. 1 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(i)

[^key-535e9fc1cf90e5eb9e5253bde3895390]: Sch. para. 2 in force at 21.2.2014 by S.S.I. 2013/322, art. 3(i)

[^key-6f081383ee7993c7d5a9a2edb841c10d]: Sch. para. 3(1)(5)(6) in force at 21.2.2014 by S.S.I. 2013/322, art. 3(i)

[^key-e2f5540b2130bcae9774c6af211f2910]: S. 78(2) modified (6.3.2014) by The Long Leases (Appeal Period) (Scotland) Order 2014 (S.S.I. 2014/8), arts. 1, 2

[^key-1ade9a9d0474d507ea814ddea3c0e3d8]: S. 78(1)-(4) in force at 6.3.2014 by S.S.I. 2013/322, art. 4

[^key-d0a936dec03377e9cadaca41a7445665]: S. 73 in force at 28.9.2015 by S.S.I. 2013/322, art. 5

Meaning of “qualifying lease”

Determination of the annual rent

Claiming additional payment

Claims in excess of £500: preliminary notice

Determining duration of lease

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