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Paragraph 62 Transfers not requiring noticeI1

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 transfer of land is an exempt transfer for the purposes of paragraph 61 if the transfer is or (as the case may be) would be—

(a)

otherwise than for value,

(b)

in implement or pursuance of an order of a court, other than an order under section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 or a decree in an action for the division and sale of land,

(c)

between spouses or civil partners in pursuance of an arrangement between them entered into at any time after they have ceased living together,

(d)

between companies in the same group,

(e)

to a statutory undertaker for the purpose of carrying on the undertaking,

(f)

a transfer—

(i)

implementing the compulsory acquisition of land under any enactment,

(ii)

by agreement, of land which could have been acquired compulsorily under any enactment,

(iii)

implementing any right conferred by Part 2 (which provides for the community right to buy) of the Land Reform (Scotland) Act 2003 to buy land,

(iv)

implementing missives for the sale and purchase of land concluded, or an option to acquire land which existed on a date on which no interest in buying the land was registered under paragraph 58,

(v)

which requires, or which but for the provisions of section 14 of the Housing (Scotland) Act 1987 would require, the consent of the Scottish Ministers under subsection (5) or (7) of section 12 of that Act,

(vi)

by a registered social landlord (within the meaning of the Housing (Scotland) Act 2010) in pursuance of the power conferred by section 107 of that Act,

(vii)

vesting the land in a person for the purposes of any enactment relating to sequestration, bankruptcy, winding up or incapacity or to the purposes for which judicial factors may be appointed, or

(g)

a transfer of land in consequence of—

(i)

the assumption or resignation or death of one or more of the partners in a partnership, or

(ii)

the assumption or resignation or death of one or more of the trustees of a trust.

(2)

But, in the case of a transfer mentioned in any of paragraphs (a), (d) and (g) of sub-paragraph (1), the transfer is not an exempt transfer for the purposes of paragraph 61 if the transfer—

(a)

is or forms part of a scheme or arrangement or is one of a series of transfers, and

(b)

the main purpose or effect, or one of the main purposes or effects, of the scheme, arrangement or (as the case may be) series is the avoidance of the requirements or consequences of this Part.

(3)

For the purposes of sub-paragraph (1)(d), companies are in the same group if they are, or are included in a number of, companies which, by virtue of section 170 of the Taxation of Chargeable Gains Act 1992, together form a group for the purposes of sections 171 to 181 of that Act.

(4)

In sub-paragraph (1)(e), “statutory undertaker” is to be construed in accordance with section 214 of the Town and Country Planning (Scotland) Act 1997.

(5)

The Scottish Ministers may by regulations modify (any or all of) sub-paragraphs (1) to (4).

(6)

Before laying a draft of a Scottish statutory instrument containing regulations under sub-paragraph (5) before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider appropriate.

Annotations

Commencement

I1

Sch. 2 para. 62 not in force at Royal Assent, see s. 47(2)