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The Land Registration etc. (Scotland) Act 2012 (Commencement No. 3) Order 2021 in Wales

S.S.I. 2021/472 · Made 14 December 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Land Registration

Made 14th December 2021

Laid before the Scottish Parliament 16th December 2021

Coming into force 1st April 2022

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 116(1) and 123(3) of the Land Registration etc. (Scotland) Act 2012f1.

Annotations to the whole text

Footnotes

f1

2012 asp 5 (“the 2012 Act”).

Contents

  1. 1Citation and commencement
  2. 2Day appointed
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Land Registration etc. (Scotland) Act 2012 (Commencement No. 3) Order 2021 and comes into force on 1 April 2022.

2Day appointed

The day appointed for the coming into force of section 97 of the Land Registration etc. (Scotland) Act 2012 for the purpose of inserting section 9G(6) into the Requirements of Writing (Scotland) Act 1995f1 is 1 April 2022.

Signature

TOM ARTHUR

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th December 2021

Explanatory note

(This note is not part of the Order)

This Order brings into force section 97 of the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”) on electronic registration on 1 April 2022 for the limited purpose of inserting section 9G(6) into the Requirements of Writing (Scotland) Act 1995.

This brings into force exemptions from the rules for authentication before documents can be recorded or registered electronically in registers under control of the Keeper of the Registers. The exceptions cover, among other circumstances, where an enactment requires or expressly permits recording or registration notwithstanding that the document is not presumed to have been authenticated, and recording or registering a court decree in the Register of Sasines, the Land Register, the Books of Council and Session or a separate register maintained for that purpose.

Part 10 of the 2012 Act is still not in force for the purposes of any will, testamentary disposition and settlement or codicil.

The Bill for the Land Registration etc. (Scotland) Act 2012 received Royal Assent on 10 July 2012. Sections 113, 114(1), 116, 117, 122, 123 and 124 came into force the following day.