{
  "url": "https://openlegislation.uk/title-conditions-scotland-act-2003/schedule-13/paragraph-13",
  "json_url": "https://openlegislation.uk/title-conditions-scotland-act-2003/schedule-13/paragraph-13.json",
  "legislation": "asp/2003/9",
  "legislation_title": "Title Conditions (Scotland) Act 2003",
  "legislation_url": "https://openlegislation.uk/title-conditions-scotland-act-2003",
  "path": "schedule/13/paragraph/13",
  "kind": "paragraph",
  "number": "13",
  "heading": null,
  "text": "In section 73 (feudal terms in enactments and documents: construction after abolition of feudal system)—\n(a) in subsection (1)—\n(i) in each of paragraphs (a), (b) and (c), at the end, there shall be added “ before that day ”;\n(ii) the word “or” which immediately follows paragraph (b) is repealed; and\n(iii) for the words “before the appointed day, then” there shall be substituted\n“; or\n(d) in the Land Register of Scotland or in—\n(i) a land certificate;\n(ii) a charge certificate; or\n(iii) an office copy,\nissued, whether or not before that day, under the Land Registration (Scotland) Act 1979 (c. 33),\nthen ”;\n(b) in subsection (2)—\n(i) the existing words “in any document executed before that day”shall become paragraph (a);\n(ii) after that paragraph there shall be inserted the word “ or ” and the following paragraph—\n“(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\n(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\n(c) after subsection (2) there shall be added—\n“(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—\n(a) sets out the terms of a real burden; and\n(b) is not a document or entry references in which require to be construed as mentioned in subsection (2) above,\nany 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.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2003/9/schedule/13/paragraph/13",
    "retrieved_at": "2026-10-29T20:16:49.876430+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}