Civic Government (Scotland) Act 1982

71 Right arising on disposal of property. S

(1) Any disposal of property under sections 68 or 70 of this Act to a person taking in good faith shall, subject to subsection (2) below, vest the ownership of the property in that person.

(2) In the case of any such disposal of property made otherwise than for value, any person who was immediately before the disposal the owner of the property (“the previous owner”) shall [F1 subject to subsection (3) below] be entitled within the period of one year after the date of the disposal to recover possession of the property as owner.

[F2 (3) The one year period calculated in relation to a relevant cross-border dispute for the purposes of subsection (2) above is extended where it would, apart from this subsection, expire—

(a) in the 8 weeks after the date that a mediation in relation to the dispute ends;

(b) on the date that a mediation in relation to the dispute ends; or

(c) after the date when all of the parties to the dispute agree to participate in a mediation in relation to the dispute but before the date that such mediation ends.

(4) Where subsection (3) applies, the period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.

(5) For the purpose of this section, mediation in relation to a relevant cross-border dispute ends when any of the following occurs—

(a) all of the parties reach an agreement in resolution of the dispute;

(b) all of the parties agree to end the mediation;

(c) a party withdraws from the mediation, which is the date on which—

(i) a party informs all of the other parties of that party’s withdrawal,

(ii) in the case of a mediation involving 2 parties, 14 days expire after a request made by one party to the other party for confirmation of whether the other party has withdrawn, if the other party does not respond in that period, or

(iii) in the case of a mediation involving more than 2 parties, a party informs all of the remaining parties that the party received no response in the 14 days after a request to another party for confirmation of whether the other party had withdrawn; or

(d) a period of 14 days expires after the date on which the mediator’s tenure ends (by reason of death, resignation or otherwise), if a replacement mediator has not been appointed.

(6) In this section—

• “the Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21st May 2008 on certain aspects of mediation in civil and commercial matters;

• “mediation” and “mediator” have the meanings given by Article 3 of the Directive; and

• “relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive which is about the recovery of property to which this section applies.]

Textual Amendments

F1 Words in s. 71(2) inserted (6.4.2011) by The Cross-Border Mediation (Scotland) Regulations 2011 (S.S.I. 2011/234), regs. 1(1), 7(2) (with reg. 1(2)(3))

F2 S. 71(3)-(6) inserted (6.4.2011) by The Cross-Border Mediation (Scotland) Regulations 2011 (S.S.I. 2011/234), regs. 1(1), 7(3) (with reg. 1(2)(3))