Paragraph 13

In section 73 (feudal terms in enactments and documents: construction after abolition of feudal system)—

(a)

in subsection (1)—

(i)

in each of paragraphs (a), (b) and (c), at the end, there shall be added “ before that day ”;

(ii)

the word “or” which immediately follows paragraph (b) is repealed; and

(iii)

for the words “before the appointed day, then” there shall be substituted

“; or
(d)
in the Land Register of Scotland or in—
(i)
a land certificate;
(ii)
a charge certificate; or
(iii)
an office copy,
issued, whether or not before that day, under the Land Registration (Scotland) Act 1979 (c. 33),
then ”;

(b)

in subsection (2)—

(i)

the existing words “in any document executed before that day”shall become paragraph (a);

(ii)

after that paragraph there shall be inserted the word “ or ” and the following paragraph—

“(b)
in the Land Register of Scotland or in any certificate or copy such as is mentioned in subsection (1)(d) above (whenever issued),”; and

(iii)

for the words “19, 20, 23, 28 or, as the case may be, 60 of this Act” there shall be substituted “ 18A, 18B, 18C, 19, 20, 28, 28A or 60 of this Act or section 56 of the Title Conditions (Scotland) Act 2003 (asp 9) (facility burdens and service burdens) ”; and

(c)

after subsection (2) there shall be added—

“(2A)
In construing, after the appointed day and in relation to a right enforceable on or after that day, a document, or entry in the Land Register, which—
(a)
sets out the terms of a real burden; and
(b)
is not a document or entry references in which require to be construed as mentioned in subsection (2) above,
any provision of the document or entry to the effect that a person other than the person entitled to enforce the burden may waive compliance with, or mitigate or otherwise vary a condition of, the burden shall be disregarded.”.