The Act
Part 2 – Key Concepts
Chapter 1 of Part 2 – Land Transactions and Chargeable Interests
Chargeable interest
Section 5 – Exempt interest
20.Pursuant to section 4(1), exempt interests are not chargeable interests. Section 5 defines “exempt interest” as a security interest, such as a standard security. In addition, certain interests are exempt if they have been acquired by financial institutions under alternative property finance arrangements (see schedule 7, paragraphs 21 to 24).
21.Power is conferred on the Scottish Ministers to vary by regulations the interests in land that are exempt interests. Such regulations will be subject to the affirmative procedure (see section 68).
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