Land Registration etc. (Scotland) Act 2012

Cases where Keeper must reject application to register notice of titleS

This section has no associated Explanatory Notes

[F14(1)This paragraph applies where—

(a)by virtue of section 4A of the Conveyancing (Scotland) Act 1924, a person makes an application under section 21 for registration of a notice of title completing title in respect of—

(i)a qualifying registrable deed, or

(ii)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 on which the application for registration of the notice of title was made, 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(4) to the registration of the notice of title;

(f)the deed in respect of which title is being completed 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)(f) “specified circumstances” and “specified insolvency practitioner” have the meanings given by paragraph 2(5).]

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