# The Land Registration etc. (Scotland) Act 2012 (Amendment and Transitional) Order 2014 Draft 2014, ISBN 9780111024683 This Order makes provision for the purposes of the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”). Made under: Land Registration etc. (Scotland) Act 2012 PDFs: Printed copy https://openlegislation.uk/draft-land-registration-etc-scotland-act-2012-amendment-and-transitional-order-2014/pdf/sdsi_9780111024683_en.pdf; Draft Policy Note https://openlegislation.uk/draft-land-registration-etc-scotland-act-2012-amendment-and-transitional-order-2014/pdf/sdsipn_9780111024683_en.pdf ## Introductory text Draft Order laid before the Scottish Parliament under section 116(3)(l) and (4)(b) of the Land Registration etc. (Scotland) Act 2012 for approval by resolution of the Scottish Parliament. Land Registration Made 2014 Coming into force 8th December 2014 The Scottish Ministers make the following Order in exercise of the powers conferred by sections 110(1) and (2), 116(1) and 117 of the Land Registration etc. (Scotland) Act 2012 and all other powers enabling them to do so. In accordance with section 110(3) of that Act, the Scottish Ministers have consulted the Keeper of the Registers of Scotland. In accordance with section 116(3)(l) and (4)(b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament. ## 1 Citation, commencement and interpretation (1) This Order may be cited as the Land Registration etc. (Scotland) Act 2012 (Amendment and Transitional) Order 2014. (2) It comes into force on 8th December 2014. (3) In this Order, “the 2012 Act” means the Land Registration etc. (Scotland) Act 2012. ## Chapter: Primary legislation ## 2 Modification of the Requirements of Writing (Scotland) Act 1995 and consequential amendment (1) In paragraph 1(1) of Schedule 4 to the Requirements of Writing (Scotland) Act 1995 (minor and consequential amendments – general adaptation), for “9F(2)”, insofar as that reference is in force, substitute “9G(2)”. (2) In paragraph 27(a) of schedule 3 to the 2012 Act (amendment of the Requirements of Writing (Scotland) Act 1995), for “9F(2)” substitute “9G(2)”. ## 3 The Land Registration etc. (Scotland) Act 2012 – evidence as to electronic testamentary documents in commissary proceedings In paragraph 14 of schedule 5 to the 2012 Act (minor and consequential modification of the Succession (Scotland) Act 1964), for “for “or 4” substitute “or 9D”” substitute “after “subscribed” insert “or under section 9C or 9D (or by virtue of section 9E(1)) of that Act to have been authenticated””. ## 4 The Land Registration etc. (Scotland) Act 2012 – transitional provisions (1) In paragraph 11B of schedule 4 (transitional provisions on the assignation of registered leases: Sasine arrangements) to the 2012 Act, for “an assignation of a registered lease” substitute “a deed (except a sublease or a notice of title) which affects a lease title sheet”. (2) The heading to that paragraph becomes “Certain deeds relating to registered leases: Sasine arrangements”. ## Chapter: Secondary legislation ## 5 Amendment of the Land Register Rules etc. (Scotland) Regulations 2014 In the Land Register Rules etc. (Scotland) Regulations 2014, in Schedule 1, Part 4 (form of Application for Registration), Part A, under the heading “Payment Details”, for “Annual rent”, substitute “Relevant rent (the largest amount of annual rent within the first 10 years of its terms that can be quantified, or estimated where that amount cannot be quantified)”. ## 6 Amendment of the Registers of Scotland (Fees) Order 2014 In the Registers of Scotland (Fees) Order 2014, in Schedule 1, Part 1, paragraph 1(3)(c), after “disposition of” insert “, or a notice of title to,”. ## Signature Name Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh Date ## Explanatory note (This note is not part of the Order) This Order makes provision for the purposes of the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”). Article 2 amends paragraph 1(1) of Schedule 4 to the Requirements of Writing (Scotland) Act 1995 (“the 1995 Act”) to correct a minor error. The 2012 Act is also amended as the relevant amendment to the 1995 Act in schedule 3 to the 2012 Act is only partially in force. Article 3 amends the consequential amendment in paragraph 14 of schedule 5 to the 2012 Act of section 21A of the Succession (Scotland) Act 1964 on evidence of testamentary documents in commissary proceedings. It updates references to the sections of 1995 Act which contain presumptions on who has signed traditional or authenticated electronic documents. Article 4 amends transitional provision for registered leases in paragraph 11B of schedule 4 to the 2012 Act (added by S.S.I. 2014/190) to permit the registration of deeds relating to registered leases, including standard securities, variations, renunciations, etc. where the subjects of the lease are not registered. An exception is made for subleases and notices of title as registration of those deeds is provided for in section 24(4) and (6) of the 2012 Act respectively. Article 5 amends the Land Register Rules etc. (Scotland) Regulations 2014. The application for registration form is amended with the effect that the entry for annual rent is changed to relevant rent defined in accordance with the Registers of Scotland (Fees) Order 2014 (“the Fees Order”). Article 6 amends the Fees Order to insert provision for the charging of a fee (based on the consideration paid or the value of the land, whichever is the greater) for a notice of title to a registered plot of land. --- Source: https://www.legislation.gov.uk/sdsi/2014/9780111024683 (the official version) Page: https://openlegislation.uk/draft-land-registration-etc-scotland-act-2012-amendment-and-transitional-order-2014 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.