SCHEDULE 5Minor and consequential modifications
Titles to Land Consolidation (Scotland) Act 1868 (c.101)
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1
The Titles to Land Consolidation (Scotland) Act 1868 is amended as follows.
2
In section 159 (litigiosity not to begin before date of registration of notice of summons)—
a
the existing provisions become subsection (1),
b
after that subsection insert—
2
A notice registered under subsection (1) on or after the date on which section 67 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (warrant to place a caveat) comes into force shall not have any effect in rendering litigious any land a title sheet for which is comprised in the Land Register of Scotland or in placing in bad faith any person acquiring such land.
3
In section 159A (registration of notice of summons of action of reduction)—
a
in each of subsections (2)(b) and (3)(b), repeal “register in the Land Register of Scotland or, as the case may be,”,
b
after subsection (3) insert—
4
This section does not apply in relation to lands for which there is a title sheet in the Land Register of Scotland.
4
In schedule B, in form No. 1 (formal clauses of a disposition of land etc.), in the note relating to subscription of the document in question—
a
for “Subscription of the document by the granter of it” substitute “
In the case of a traditional document, subscription of it by the granter
”
,
b
after “1995” insert “
, which also makes provision as regards the authentication of an electronic document
”
.