Section 13 Restriction on rights of preemption to apply in every case.C1

In section 9 of the Conveyancing Amendment (Scotland) Act 1938 M1 (limitation of effect of conditions as to pre-emption) there shall be added the following subsection—

“(3)

the provisions of this section shall apply in the case of any right of pre-emption, created in a deed or other writing executed after 1st September 1974, in favour of any person, of an interest in land in the event of a sale thereof or of any part thereof by the proprietor for the time being, as they apply in the case of such a right vested in the superior of a feu : and in the application of this section in such a case,

(a)

“superior”, “proprietor”, “feu” and “charter” shall be construed accordingly ;

(b)

in subsection (1) of this section, for the words “person in right of the superiority (whether or not his title thereto is complete)” there shall be substituted the words “ person in whom the right is vested ” ;

(c)

in subsection (2) of this section, the words “in use to receive and discharge the feuduty in respect of the feu” shall not apply.”