Cases where Keeper must reject application under section 21S
[F12(1)This paragraph applies where—
(a)a person applies under section 21 for registration of a qualifying registrable deed or a registrable deed which is a standard security,
(b)the granter of the deed is an overseas entity whose interest is registered, having been so registered on or after 8 December 2014, and
(c)as at the date of delivery of the deed, the entity was not a registered overseas entity or an exempt overseas entity.
(2)The Keeper must reject the application unless one of the following conditions is met—
(a)the application is made—
(i)in pursuance of a statutory obligation or court order, or
(ii)in respect of a transfer of ownership or other event that occurs by operation of law,
(b)the application is made in pursuance of a contract entered into before the later of the dates mentioned in sub-paragraph (3);
(c)the application is made in pursuance of the exercise of a power of sale or lease by the creditor in a standard security that was registered on or after 8 December 2014;
(d)the application is made in pursuance of the exercise of a right conferred on a body by relevant legislation to buy land or the interest of a tenant under a lease;
(e)the Scottish Ministers give consent under paragraph 7(2) to the registration of the deed;
(f)the deed is granted by a specified insolvency practitioner in specified circumstances.
(3)The dates are—
(a)the date on which the granter’s interest was registered;
(b)the commencement date.
(4)In sub-paragraph (2)(d), “relevant legislation” means Part 2, 3 or 3A of the Land Reform (Scotland) Act 2003 or Part 5 of the Land Reform (Scotland) Act 2016 (being provisions which confer on certain community bodies etc. the right to buy certain types of land or the interest of a tenant under a lease of certain types of land).
(5)In sub-paragraph (2), in paragraph (f)—
“specified circumstances” means circumstances specified in regulations made by the Scottish Ministers for the purposes of that paragraph;
“specified insolvency practitioner” means an insolvency practitioner of a description specified in regulations made by the Scottish Ministers for the purposes of that paragraph.]
Textual Amendments
F1Sch. 1A inserted (5.9.2022) by Economic Crime (Transparency and Enforcement) Act 2022 (c. 10), s. 69(1), Sch. 4 para. 9; S.I. 2022/876, reg. 4(c)