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Paragraph 58 Registration of small landholder’s interest in buying landI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A small landholder may apply to have registered an interest in buying the land comprising the landholder’s small landholding by giving a notice (a “notice of interest”) to the Keeper.

(2)

The notice of interest must—

(a)

be in such form as the Scottish Ministers may prescribe by regulations, and

(b)

specify—

(i)

the particulars of the landholder and the owner of the land,

(ii)

the location and boundaries of the land (by reference, where appropriate, to the lease of the holding or any map or drawing),

(iii)

any interest or rights comprised in the land (including any sporting or mineral rights), and

(iv)

such other information as the Scottish Ministers may so prescribe.

(3)

The landholder must—

(a)

give a copy of the notice of interest to the owner of the land, and

(b)

notify the Keeper that the copy has been so given.

(4)

On receipt of the notice of interest, the Keeper must—

(a)

register—

(i)

the landholder’s interest in buying the land,

(ii)

the details specified in the notice of interest, and

(iii)

the date of registration, and

(b)

give an extract of the registration to the landholder and the owner of the land.

(5)

Where the registration relates to land over which there is a standard security, the owner of the land must—

(a)

intimate that fact to the landholder, and

(b)

give a copy of the extract to the creditor in the standard security within the period of 28 days beginning with the day on which the owner is given the extract.

(6)

The Keeper may charge such reasonable fee as the Scottish Ministers may by regulations specify for—

(a)

registering landholders’ interests in buying land, and

(b)

providing extracts, and copy extracts, of registration.

Annotations

Commencement

I1

Sch. 2 para. 58 not in force at Royal Assent, see s. 47(2)