Chwilio Deddfwriaeth

Abolition of Feudal Tenure etc. (Scotland) Act 2000

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Cross Heading: The Crown, the Lord Lyon and Barony

 Help about opening options

Alternative versions:

Status:

Point in time view as at 08/12/2014.

Changes to legislation:

Abolition of Feudal Tenure etc. (Scotland) Act 2000, Cross Heading: The Crown, the Lord Lyon and Barony is up to date with all changes known to be in force on or before 07 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. Help about Changes to Legislation

The Crown, the Lord Lyon and BaronyS

58 Crown applicationS

(1)This Act binds the Crown and accordingly such provision as is made by section 2 of this Act as respects feudal estates of dominium shall apply to the superiority of the Prince and Steward of Scotland and to the ultimate superiority of the Crown; but nothing in this Act shall be taken to supersede or impair any power exercisable by Her Majesty by virtue of Her prerogative.

(2)Without prejudice to the generality of subsection (1) above, in that subsection—

(a)Her Majesty’s prerogative includes the prerogative of honour; and

(b)“any power exercisable by Her Majesty by virtue of Her prerogative” includes—

(i)prerogative rights as respects ownerless or unclaimed property; and

(ii)the regalia majora.

59 Crown may sell or otherwise dispose of land by dispositionS

It shall be competent for the Crown, in selling or otherwise disposing of any land, to do so by granting a disposition of that land.

60 Preserved right of Crown to maritime burdensS

(1)Where, immediately before the appointed day, the Crown has the right as superior to enforce a real burden against part of the sea bed or part of the foreshore, then, on and after that day, the Crown shall—

(a)subject to any counter-obligation, have title to enforce; and

(b)be presumed to have an interest to enforce,

the burden; and any burden as respects which the Crown has such title and interest shall, on and after the appointed day, be known as a “maritime burden”.

(2)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purposes of this section—

  • sea bed” means the bed of the territorial sea adjacent to Scotland; and

  • territorial sea” includes any tidal waters.

(4)In this section, “real burden” has the same meaning as in Part 4 of this Act.

61 Mines of gold and silverS

The periodical payment to the Crown, in respect of the produce of a mine which by the Royal Mines Act 1424 (c.12) belongs to the Crown, of an amount which is not fixed but is calculated as a proportion of that produce is not—

(a)a payment to the Crown qua superior for the purposes of section 54 of this Act;

(b)a perpetual periodical payment for the purposes of section 56 of this Act; or

(c)a feuduty for the purposes of Part 3 of this Act.

62 Jurisdiction and prerogative of Lord LyonS

Nothing in this Act shall be taken to supersede or impair the jurisdiction or prerogative of the Lord Lyon King of Arms.

63 Baronies and other dignities and officesS

(1)Any jurisdiction of, and any conveyancing privilege incidental to, barony shall on the appointed day cease to exist; but nothing in this Act affects the dignity of baron or any other dignity or office (whether or not of feudal origin).

(2)When, by this Act, an estate held in barony ceases to exist as a feudal estate, the dignity of baron, though retained, shall not attach to the land; and on and after the appointed day any such dignity shall be, and shall be transferable only as, incorporeal heritable property (and shall not be [F2a right as respects which a deed can be registered in the Land Register of Scotland or] recorded in the Register of Sasines).

(3)Where there is registered, before the appointed day, a heritable security over an estate to which is attached the dignity of baron, the security shall on and after that day (until discharge) affect—

(a)in the case of an estate of dominium utile, both the dignity of baron and the land; and

(b)in any other case, the dignity of baron.

(4)In this section—

  • conveyancing privilege” includes any privilege in relation to prescription;

  • dignity” includes any quality or precedence associated with, and any heraldic privilege incidental to, a dignity; and

  • registered” has the same meaning as in Part 4 of this Act.

Yn ôl i’r brig

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?