Land Registration etc. (Scotland) Act 2012 (asp 5)

Part 4 S Advance notices

Modifications etc. (not altering text)

C1 Pt. 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

61 Effect of advance notice: further provision S

(1) A deed to which an advance notice relates, if registered on a date which falls within the protected period, is not subject to—

(a) an inhibition registered in the Register of Inhibitions against the granter and taking effect before that date but during that period, or

(b) anything registered or recorded in that register and taking effect, before that date but during that period, as if an inhibition registered against the granter.

(2) Sections 59 and 60 apply irrespective of whether a deed is voluntary or involuntary.

(3) Sections 59 and 60 do not apply in relation to—

(a) a notice registered, or intended or sought to be registered, under—

(i) section 10(2A) of the Title Conditions (Scotland) Act 2003 (asp 9), or

(ii) section 12(3) of the Tenements (Scotland) Act 2004 (asp 11), and

(b) such other deeds as the Scottish Ministers may by order specify.

(4) Before making an order under subsection (3)(b), the Scottish Ministers must consult the Keeper.

Commencement Information

I1 S. 61 in force at 8.12.2014 by S.S.I. 2014/127, art. 2