| Appendix A |
| Abolition of
Feudal Tenure etc. (Scotland) Bill |
| |
| Arrangement
of Clauses |
| Part I
Abolition of Feudal Tenure |
Clause
1. Abolition on appointed day.
2.
Consequences of abolition.
3. Amendment of Land Registration (Scotland)
Act 1979. |
Part II
Land Transfers etc. on and after Appointed Day
4. Ownership of land.
5.
Form of application for recording deed in Register of
Sasines.
6.
Deduction of title for unregistered land etc. |
Part III
Feuduties
Extinction of feuduties
7. Extinction on appointed day.
8.
Requiring compensatory payment.
9. Calculation of amount of compensatory
payment.
10. Making compensatory payment by
instalments.
11.
Service under section 8(1).
12. Extinction by prescription of
requirement to make compensatory payment. |
Arrears
13. Arrears of feuduty etc. |
Disclosure
14. Duty of collecting third party to
disclose information. |
Interpretation
15. Interpretation of Part III. |
Part IV Real
Burdens
Extinction of superior's rights
16.
Extinction of superior's rights. |
Reallotment
etc.
17. Reallotment of real burden by nomination
of new dominant tenement.
18.
Reallotment of real burden affecting facility of benefit
to other land.
19. Interest to enforce real burden.
20. Further provision as respects
reallotment. |
Conservation
burdens
21. Conservation bodies.
22. Notice preserving right to enforce
conservation burden.
23. Enforcement of conservation burden.
24. Assignation of right to conservation
burden.
25. Deduction of title for
conservation burden.
26.
Extinction of burden on body ceasing to be conservation
body.
27. No standard security over conservation
burden. |
Compensation
28. Notice reserving right to claim
compensation where land subject to development value
burden.
29. Limited transmissibility of right to
claim compensation.
30. Claiming compensation.
31. Service under section 30(3).
32. Amount of compensation.
33. The expression owner" for purposes
of sections 30 to 32.
34. Discharge, or restriction, of reserved
right to claim compensation. |
Miscellaneous
35. Notices under sections 17, 22 and 28:
pre-registration requirements etc.
36. Further provision as respects sections
17, 22 and 28.
37. Notices under sections 17,22 and 28:
extent of Keeper's duty.
38. Referral to Lands Tribunal of dispute
arising in relation to section 17,22, 28 or 30.
39. Circumstances where certain notices may
be registered after appointed day.
40. Duties of Keeper: amendments relating to
the extinction of certain real burdens.
41. Extinction of counter-obligation.
42. No implication as to dominant tenement
where real burden created in grant in feu. |
Interpretation
43. Interpretation of Part IV. |
Part V
Entails
44. Disentailment on appointed day.
45. Compensation for expectancy or interest
of apparent or other nearest heir in an entailed estate.
46. Closure of Register of Entails. |
Part Vi
Miscellaneous
Discharge of certain rights and extinction of certain
obligations and payments
47. Discharge of rights of irritancy.
48. Extinction of superior's rights and
obligations qua superior.
49. Abolition of thirlage.
50. Extinction etc. of certain payments
analogous to feuduty.
51. Extinction by prescription of obligation
to pay redemption money for feuduty, ground annual etc. |
The
Crown, the Lord Lyon and Barony
52. Crown application.
53. Crown may sell or otherwise dispose of
land by disposition.
54. Preserved right of Crown to maritime
burdens.
55. Mines of gold and silver.
56. Jurisdiction and prerogative of Lord
Lyon.
57. Baronies and other dignities and
offices. |
Kindly
Tenants of Lochmaben
58. Abolition of Kindly Tenancies. |
Miscellaneous
59. Creation of proper liferent.
60. Obligation to make title deeds and
searches available.
61. Prohibition on leases for periods of
more than [X] years.
62. Certain applications to Sheriff of
Chancery.
63. Application of 1970 Act to earlier forms
of heritable security.
64. Ownership of land by a firm. |
Part VII
General
65. The appointed day.
66. The expression "land".
67. Feudal terms in enactments and
documents: construction after abolition of feudal system.
68. Orders, regulations and rules.
69. Saving for contractual rights.
70. Minor and consequential amendments and
repeals.
71. Short title, commencement and extent. |
Schedules:
Schedule I -Form of notice requiring
compensatory payment etc.: cumulo feuduty.
Schedule 2 -Form of notice requiring
compensatory payment etc.: ordinary case.
Schedule 3-Form of instalment document.
Schedule 4-Form of notice prospectively
nominating dominant tenement.
Schedule 5-Form of notice preserving
conservation body's right to real burden.
Schedule 6-Form of notice reserving right to
compensation in respect of extinction of development
value burden.
Schedule 7-Form of discharge [or restriction]
of reserved right to claim compensation.
Schedule 8-Minor and consequential
amendments.
Part I-Minor and consequential amendments:
general.
Part II-Minor and consequential amendments
relating to the National Trust for Scotland.
Schedule 9-Repeals.
Part I-Repeals: general.
Part II-Repeals relating to the National
Trust for Scotland. |
