Coronavirus (Scotland) Act 2020 (asp 7)

SCHEDULE 7SOther measures in response to coronavirus

(introduced by section 8)

Social securityS

F11S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 7 para. 1 expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(7)(a), 11(2)

F22S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 7 para. 2 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249), regs. 1, 2(b)(ii)

F33S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 7 para. 3 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249), regs. 1, 2(b)(ii)

F44S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 7 para. 4 expires (29.9.2020) by virtue of The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (S.S.I. 2020/249), regs. 1, 2(b)(ii)

F55S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 7 para. 5 expires (30.9.2021 at the end of the day) by Coronavirus (Extension and Expiry) (Scotland) Act 2021 (asp 19), ss. 2(1)(7)(a), 11(2)

Irritancy clauses in commercial leases: non-payment of rent or other sums dueS

6SThe Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 applies in accordance with the modifications in paragraph 7.

7SSection 4 (irritancy clauses etc. relating to monetary breaches of lease) has effect as if—

(a)in subsection (3)(a) and (b), for “days” there were substituted “ weeks ”,

(b)after subsection (3) there were inserted—

“(3A)The Scottish Ministers may, by regulations, amend the period referred to in paragraphs (a) and (b) of subsection (3).

(3B)Regulations under subsection (3A) are subject to the negative procedure.”,

(c)after subsection (5) there were inserted—

“(5A)This section applies regardless of whether the circumstances referred to in paragraph (a) or (b) of subsection (1), in which a landlord is entitled to terminate a lease, occurred before or after the date on which paragraph 7 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force.

(5B)A notice served under subsection (2) before the date on which paragraph 7 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force becomes void if, by that date, the time period specified in the notice has not yet expired.”.

Duration of planning permissionS

8SThe Town and Country Planning (Scotland) Act 1997 applies in accordance with the modifications in paragraphs 9 and 10.

9SSection 58 (duration of planning permission) has effect as if after subsection (3A) there were inserted—

“(3B)During the emergency period, a planning permission which otherwise would lapse under subsection (1) or (2) lapses at the end of the extended period, unless, before the end of the extended period, the development to which the permission relates is begun.

(3C)In subsection (3B)—

“emergency period” means the period of 6 months beginning with the date on which paragraph 9 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force,
“extended period” means the period of 12 months beginning with that date.

(3D)The Scottish Ministers may, by regulations, amend the definition of “emergency period” or “extended period” in subsection (3C).

(3E)Regulations under subsection (3D) are subject to the negative procedure.”.

10SSection 59 (planning permission in principle) has effect as if after subsection (8) there were inserted—

“(8A)During the emergency period, a planning permission which otherwise would lapse under subsection (4) (including by virtue of a direction made under subsection (5)) lapses at the end of the extended period, unless, before the end of the extended period, the development to which the permission relates is begun.

(8B)Where the latest date by which an application would otherwise be required to be made under subsection (2)(a) falls within the emergency period, then that application may be made at any time before the end of the extended period.

(8C)In subsections (8A) and (8B)—

“emergency period” means the period of 6 months beginning with the date on which paragraph 10 of schedule 7 of the Coronavirus (Scotland) Act 2020 came into force,
“extended period” means the period of 12 months beginning with that date.

(8D)The Scottish Ministers may, by regulations, amend the definition of “emergency period” or “extended period” in subsection (8C).

(8E)Regulations under subsection (8D) are subject to the negative procedure.”.

Electronic delivery of copy of deed to Registers of ScotlandS

11SThe Land Registration etc. (Scotland) Act 2012 applies in accordance with the modification in paragraph 12.

12SSection 21 (application for registration of deed) has effect as if after subsection (4) there were inserted—

“(5)For the purposes of this section, submission by electronic means of a copy of the deed is sufficient evidence of the original for the purposes of accepting an application for registration.

(6)But subsection (5) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper's website as being acceptable.

(7)In subsection (5), references to submission by electronic means are to submission—

(a)by means of an electronic communications network (for example as an attachment to an email), or

(b)by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible.

(8)In subsection (7)(a), “electronic communications network” has the meaning given by section 32 of the Communications Act 2003.”.

13SThe Land Registers (Scotland) Act 1868 applies in accordance with the modifications in paragraph 14.

14SSection 6A (writs transmitted electronically to Register of Sasines) has effect as if—

(a)in subsection (1), the words “which is an electronic document” were repealed,

(b)after subsection (5) there were inserted—

“(6)For the purposes of this section, submission by electronic means of a copy of the writ is sufficient evidence of the original for the purposes of accepting an application.

(7)But subsection (6) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper's website as being acceptable.

(8)In subsection (6), references to submission by electronic means are to submission—

(a)by means of an electronic communications network (for example as an attachment to an email),

(b)by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible.

(9)In subsection (8)(a), “electronic communications network” has the meaning given by section 32 of the Communications Act 2003.”.