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Land Registration etc. (Scotland) Act 2012
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- Acts of the Scottish Parliament
- 2012 asp 5
- Part 4
- Section 58
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Changes over time for: Section 58
Version Superseded: 30/03/2021
Alternative versions:
- 08/12/2014- Amendment
- 07/04/2020- Amendment
- 07/04/2020
Point in time - 30/03/2021- Amendment
- 30/06/2021- Amendment
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Point in time view as at 07/04/2020. This version of this provision has been superseded.
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Land Registration etc. (Scotland) Act 2012, Section 58 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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58Period of effect of advance noticeS
This section has no associated Explanatory Notes
(1)An advance notice has effect for the period of 35 days beginning with the day after the notice is entered in the application record or, as the case may be, recorded in the Register of Sasines.
[F1(1A)If the application record is closed for the making of all entries as a result of coronavirus, an advance notice which has effect on the day the application record is closed is to have effect until the later of—
(a)the end of the period specified in section 58(1),
(b)the end of the period ending 10 days after the day on which the Keeper declares the application record fully open for the making of entries.
(1B)If the Register of Sasines is closed for the making of all entries as a result of coronavirus, an advance notice which has effect on the day the Register of Sasines is closed is to have effect until the later of—
(a)the end of the period specified in section 58(1),
(b)the end of the period ending 10 days after the day on which the Keeper declares the application record fully open for the recording of entries.
(1C)If the application record is closed for the making of some entries as a result of coronavirus, an advance notice which is entered in the application record during the period that the application record is closed in part is to have effect until the later of—
(a)the end of the period specified in section 58(1),
(b)the end of the period ending 10 days after the day on which the Keeper declares the application record fully open for the making of entries.
(1D)If the Register of Sasines is closed for the recording of some entries as a result of coronavirus, an advance notice which is recorded during the period that the Register of Sasines is closed in part is to have effect until the later of—
(a)the end of the period specified in section 58(1),
(b)the end of the period ending 10 days after the day on which the Keeper declares the Register of Sasines fully open for the making of entries.]
(2)[F2Subsection (1) is] [F2Subsections (1), (1A), (1B), (1C) and (1D) are] subject to section 63.
(3)The period during which an advance notice has effect is referred to in this Act as the “protected period”.
(4)Subsection (5) applies where two advance notices in relation to the same plot of land or lease are entered into the application record or recorded in the Register of Sasines on the same date.
(5)The protected period in relation to the advance notice which is first to be entered in the application record, or as the case may be recorded in the Register of Sasines, is deemed to begin before the protected period in relation to the other advance notice.
(6)The Scottish Ministers may, by order amend subsection (1) so as to substitute for the period for the time being mentioned there a different period.
(7)Before making such an order, the Scottish Ministers must consult the Keeper.
[F3(8)In this section, “coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020.]
Textual Amendments
F1S. 58(1A)-(1D) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 7 para. 19(a) (with ss. 11-13) (which affecting provision expires (30.3.2021) by virtue of The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (S.S.I. 2021/93), regs. 1, 2(a) (with reg. 5))
F2Words in s. 58(2) substituted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 7 para. 19(b) (with ss. 11-13) (which affecting provision expires (30.3.2021) by virtue of The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (S.S.I. 2021/93), regs. 1, 2(a) (with reg. 5))
F3S. 58(8) inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 7 para. 19(c) (with ss. 11-13) (which affecting provision expires (30.3.2021) by virtue of The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (S.S.I. 2021/93), regs. 1, 2(a) (with reg. 5))
Modifications etc. (not altering text)
C1Pt. 4 applied (with modifications) (8.12.2014) by The Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014 (S.S.I. 2014/190), arts. 1(2), 4
C2S. 58(1) modified (temp.) (7.4.2020) by Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), Sch. 7 paras. 15-18 (with ss. 11-13) (which affecting provisions expire (30.3.2021) by virtue of The Coronavirus (Scotland) Acts (Early Expiry and Suspension of Provisions) Regulations 2021 (S.S.I. 2021/93), regs. 1, 2(b)(i) (with reg. 5))
Commencement Information
I1S. 58 in force at 8.12.2014 by S.S.I. 2014/127, art. 2
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