Land Tenure Reform (Scotland) Act 1974

6 Redemption by law of feuduty, ground annual, etc. on acquisition of land by authority possessing compulsory purchase powers. S

(1) Subject to subsection (4) below, and notwithstanding the provisions of section 107 of the M1 Lands Clauses Consolidation (Scotland) Act 1845, this section shall have effect in relation to the case of the redemption of the feuduty exigible in respect of a feu to which entry is taken (whether or not there is an obligation to pay valuable consideration therefor) by an authority possessing compulsory purchase powers (hereinafter in this section referred to as “the acquiring authority”); and the enactments relating to the acquisition of land by such an authority shall for the purposes of this section apply accordingly as they apply in relation to acquisition by purchase.

(2) The following provisions of section 5 of this Act shall apply for the purposes of this section as they apply for the purposes of that section:

(a) section 5(1) and (2) shall apply, with the omission in the said subsection (1) of the reference to valuable consideration; and for the purposes of such application the references in the said subsections to an obligation to grant a conveyance shall include references to a notice to treat or deemed notice to treat under section 17 of the said Act of 1845 or under any other enactment having similar effect;

(b) section 5(3) shall apply, subject to any of the provisions of the Lands Clauses Acts or of the M2 Railway Clauses Consolidation (Scotland) Act 1845 which apply to the case;

(c) notwithstanding the provisions of section 20 of the M3 Land Compensation (Scotland) Act 1963, section 5(4) shall apply, with the substitution, for the reference to the person who was the proprietor of the feu immediately before the date of the obligation or (as the case may be) the execution of the deed there referred to and to his representatives, of a reference to the acquiring authority;

(d) section 5(10) and (11) shall apply.

(3) Sections 109 and 111 of the Lands Clauses Consolidation (Scotland) Act 1845 (which relate to the discharge of land from feuduty, etc., and the apportionment and continuance of the charge for such payments on land not taken) shall apply in relation to the redemption of feuduty under this section (whether the land subject to the feuduty is acquired compulsorily or by agreement) as they apply in relation to the discharge of charges under that Act.

(4) The foregoing provisions of this section shall not apply in relation to the acquisition of land by means of a general vesting declaration within the meaning of Schedule 24 to the M4 Town and Country Planning (Scotland) Act 1972; but section 5(4) of this Act shall, notwithstanding the provisions of section 20 of the Land Compensation (Scotland) Act 1963, apply in relation to such acquisition as it applies in relation to the acquisition of land to which the said section 5 applies, with the substitution, for the reference to the person who was the proprietor of the feu immediately before the date of the obligation or (as the case may be) the execution of the deed there referred to and to his representatives, of a reference to the acquiring authority; and in such a case the date of redemption means the date of vesting of the land in the acquiring authority under paragraph 7 of the said Schedule.

(5) In every case to which, by virtue of subsection (1) or (4) above, this section applies, the acquiring authority shall—

(a) not later than the date of redemption, give to the superior or his agent a notice of redemption in or as nearly as may be in the form contained in Schedule 3 to this Act; and

(b) be liable to pay to the superior interest on the redemption money from the date of redemption until payment at such rate or rates as may be determined.

(6) Where the interest of the superior in a feuduty which is redeemed in terms of this section is subject to any trust, liferent or entail, the redemption money shall be treated for all purposes as capital money.

(7) In this section,

“authority possessing compulsory purchase powers” has the same meaning as is conferred by section 275(1) of the M5 Town and Country Planning (Scotland) Act 1972; “feuduty”, in any case where part only of a feu subject to acumulofeuduty is acquired, means such portion of the feuduty (if any) as may be settled thereon under section 109 of the M6 Lands Clauses Consolidation (Scotland) Act 1845 as applied by this section or, in the case specified in subsection (4) above, by paragraph 32 of the said Schedule 24; and includes any payment (or any such portion thereof, as the case may be) of ground annual, standard charge, skat or any other perpetual periodical payment in respect of the tenure, occupancy or use of land or under a land obligation, not being a payment of teind or stipend, or in defrayal of or contribution towards some continuing cost related to the land, or under a heritable security; and this section, in its application to any payment to which it is extended under this subsection, shall have effect subject to any necessary modifications.

Marginal Citations

M1 1845 c. 19.

M2 1845 c. 33.

M3 1963 c. 51.

M4 1972 c. 52.

M5 1972 c. 52.

M6 1845 c. 19.