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Amendments
101 Amendment of Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947
In paragraph 3(b) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42) (which requires a local authority to notify certain persons that a compulsory purchase order is about to be submitted by the authority for confirmation etc.)–
(a) after the word "on" there shall be inserted "–
(i)"; and
(b) after the word "order", where it first occurs, there shall be inserted "; and
(ii) the holder of any conservation burden affecting that land,".
NOTE
The effect of the amendment is to impose a duty on an acquiring authority, in the case of compulsory purchase, to notify the holder of any conservation burden that a compulsory purchase order has been made and is about to be submitted for confirmation.
102 Amendment of Conveyancing and Feudal Reform (Scotland) Act 1970
(1) In section 13 of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) (ranking of standard securities), in subsection (1), for the words from "his present advances" to "to which the security relates" there shall be substituted the following paragraphs–
"(a) the present debt incurred (whenever payable); and
(b) any future debt which, under the contract to which the security relates, he is required to allow the debtor in the security to incur,".
(2) Subsection (1) above does not affect the preference in ranking of the standard security of a creditor if the notice mentioned in the said section 13 was received by him before the day on which this section comes into force.
NOTE
Section 13 of the 1970 Act regulates the ranking of standard securities following service of a notice by a subsequent security holder. By replacing "advances" with a wider term, "debt", the amendment makes clear that s 13 applies to debts of all kinds (including, for example, clawback). The amendment implements recommendation 77 and takes effect on royal assent (s 119(3)). See paragraphs 9.30 to 9.37 of the report.
103 Amendment of Prescription and Limitation (Scotland) Act 1973
In section 14(1)(a) of the Prescription and Limitation (Scotland) Act 1973 (c.52) (computation of prescriptive periods), the existing words "the commencement of this Part of this Act" shall be sub-paragraph (i); and after that sub-paragraph there shall be inserted the word "; or" and the following sub-paragraph–
"(ii) an amendment to a Schedule introduced by a section of the Part is made,".
NOTE
Section 14(1)(a) of the 1973 Act provides that, for the purposes of calculating the prescriptive period, time occurring before the commencement of part 1 of the Act (25 July 1976) is to count in the same way as time occurring thereafter. The effect of s 103 is that, where a schedule introduced by part 1 is amended, the same rule should apply in respect of time occurring before the amendment. In practice this is likely to affect only schedule 1 of the 1973 Act, which lists the obligations which are subject to the five-year negative prescription. It means that if a new obligation is added to the list of those which prescribe, time occurring before the amendment is available for the purposes of calculating the prescriptive period. Typical amendments to schedule 1 are those effected by s 12 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 and by s 83 of this Bill.
104 Amendment of Land Registration (Scotland) Act 1979
In section 9 of the 1979 Act (rectification of Land Register of Scotland), in subsection (3B)–
(a) the words "any provision of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) other than section 4 or 65" shall be paragraph (a); and
(b) after that paragraph there shall be inserted the word "; or" and the following paragraph–
"(b) section 41, 42, 48 or 76 of the Title Conditions (Scotland) Act 2000 (asp 00),".
NOTE
This amendment presupposes the amendment which is made to s 9 of the 1979 Act by s 3 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Both amendments come into force on the appointed day. The effect of s 104 is substantially the same as that of s 3 of the Feudal Act, but in a different context. It allows the Keeper to rectify the Land Register to take account of the listed provisions, and also in respect of things done (such as the registration of notices) in response to those provisions. No indemnity is then payable. The listed provisions are concerned only with transitional matters. Section 104 implements recommendation 94(e). See paragraphs 11.86 and 11.87 of the report.
105 Amendment of Enterprise and New Towns (Scotland) Act 1990
(1) The Enterprise and New Towns (Scotland) Act 1990 (c.35) shall be amended in accordance with the following subsections.
(2) In section 8(6) (powers and duties of Scottish Enterprise or Highlands and Islands Enterprise exercisable on terms and conditions arranged by agreement with person having an interest in land), for the words "section 32(3)" there shall be substituted "section 32".
(3) In section 32 (registration of agreements), for subsection (1) there shall be substituted-
"(1) Scottish Enterprise or Highlands and Islands Enterprise, in exercising the powers and duties conferred on it by this Act, may as respects land which does not belong to it enter into an agreement with any person who has an interest in the land (provided that it is an interest which enables the person to bind the land) for the purpose of restricting or regulating, either permanently or during such period as may be prescribed by the agreement, the development or use of the land; and the agreement may be registered either–
(a) in a case where the land affected by the agreement is registered in the Land Register of Scotland, in that register; or
(b) in any other case, in the appropriate Division of the General Register of Sasines.
(1A) An agreement under subsection (1) above may contain such incidental and consequential provisions (including financial ones) as appear to the body in question to be necessary or expedient for the purposes of the agreement.".
NOTE
The effect of this amendment is to remove a possible repugnancy between ss 8(6) and 32 of the 1990 Act. The amendment implements recommendation 78 and takes effect on royal assent (s 119(3)). See paragraph 9.38 of the report. The new version of s 32(1) is based on s 75 of the Town and Country Planning (Scotland) Act 1997.
106 Amendment of Abolition of Feudal Tenure etc. (Scotland) Act 2000
Schedule 7 to this Act, which contains amendments of the 2000 Act consequential upon the provisions of this Act, shall have effect.
NOTE
This section introduces some minor amendments to the Abolition of Feudal Tenure etc. (Scotland) Act 2000, detailed in schedule 7. The amendments take effect on royal assent (s 119(3)), and hence before the relevant provisions of the Feudal Act come into force.
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