# Title Conditions (Scotland) Act 2003, 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(ii) the word “or” which immediately follows paragraph (b) is repealed; and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.”.

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Source: https://www.legislation.gov.uk/asp/2003/9/schedule/13/paragraph/13 (the official version)
Page: https://openlegislation.uk/title-conditions-scotland-act-2003/schedule-13/paragraph-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.