Part 3Competence and effect of registration
Specific provisions on competence and effect of registration
I155Registration of order for rectification of document etc.
1
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73) is amended as follows.
2
In section 8 (rectification of defectively expressed documents)—
a
in subsection (3), after “made to it” insert “
and in either case after calling all parties who appear to it to have an interest
”
,
b
after that subsection insert—
3A
If a document is registered in the Land Register of Scotland in favour of a person acting in good faith then, unless the person consents to rectification of the document, it is not competent to order its rectification under subsection (3) above.
c
in subsection (4), for “section 9(4)” substitute “
sections 8A and 9(4)
”
.
3
After section 8 insert—
8ARegistration of order for rectification
An order for rectification made under section 8 of this Act in respect of a document which has been registered in the Land Register of Scotland—
a
may be registered in that register, and
b
does not have real effect until so registered.
4
In section 9 (provisions supplementary to section 8: protection of other interest)—
a
in subsection (2)—
i
for “subsection (3)” substitute “
subsections (2A) and (3)
”
,
ii
repeal “or on the title sheet of an interest in land registered in the Land Register of Scotland being an interest to which the document relates”,
b
after that subsection insert—
2A
This section does not apply where the document to be rectified is a deed registered in the Land Register of Scotland.
c
in subsection (3)—
i
in paragraph (a), repeal “or (as the case may be) the title sheet”,
ii
in paragraph (b), repeal “or on the title sheet”,
d
subsection (6) is repealed.