SCHEDULE 5Minor and consequential modifications
Title Conditions (Scotland) Act 2003 (asp 9)
I143
1
The Title Conditions (Scotland) Act 2003 is amended as follows.
2
In section 4 (creation of real burdens), in subsection (1), repeal “, notwithstanding section 3(4) of the 1979 Act (creation of real right or obligation on date of registration etc.),”.
3
In section 41(b) (deed granted by holder of conservation burden without completing title), for “15(3) of the 1979 Act” substitute “
101 of the Land Registration etc. (Scotland) Act 2012 (asp 5)
”
.
4
Sections 51 and 58 are repealed.
5
In section 60 (grant of deed where title not completed: requirements)—
a
in subsection (1), for “15(3) of the 1979 Act” substitute “
101 of the Land Registration etc. (Scotland) Act 2012 (asp 5)
”
,
b
in subsection (2), repeal “or with section 15(3) of the 1979 Act”.
6
In section 71 (development management scheme), in subsection (1), repeal “, notwithstanding section 3(4) of the 1979 Act (creation of real right or obligation on date of registration etc.)”.
7
In section 73 (disapplication of development management schemes), in subsection (1)(b), repeal “notwithstanding section 3(4) of the 1979 Act (creation of real right or obligation on date of registration etc.),”.
8
In section 75 (creation of positive servitudes by writing: deed to be registered), in subsection (2), repeal “, notwithstanding section 3(4) of the 1979 Act (creation of real right or obligation on date of registration etc.),”.
9
In section 84(2) (extinction following offer to sell), after “section 2” insert “
or 9B
”
.
10
In section 119 (savings and transitional provisions etc.), subsection (2) is repealed.
11
In section 122 (interpretation)—
a
in subsection (1)—
i
in the definition of “constitutive deed”, after “is” insert “
, subject to subsection (4) below,
”
,
ii
in the definition of “title condition”, in paragraph (e)(i), for “assignation of” substitute “
assignations of registered or
”
,
b
after subsection (3) insert—
4
If title is completed in the manner provided for in section 4 or 4A of the Conveyancing (Scotland) Act 1924 (c.27) (completion of title) and a midcouple relevant to the title sets out the terms of a title condition (or of a prospective title condition), then for the purposes of this Act the midcouple and notice of title are together the constitutive deed of the title condition.