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Long Leases (Scotland) Act 1954

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SCHEDULES

Sections 1, 6.

FIRST SCHEDULEForm of Notice to be given by an Occupying Lessee who desires the Grant of a Feu Right under Part I of this Act

Sections 7, 8, 9.

SECOND SCHEDULEDetermination of the Appropriate Amount in respect of Casualties Payable under a Lease or a Sub-Lease

1The appropriate amount in respect of the casualties payable under any lease or sub-lease shall be—

(a)such sum as may be determined by agreement between the landlord or intermediate landlord, as the case may be, and the occupying lessee; or

(b)in default of such agreement,—

(i)where casualties are exigible only on the death of the person holding the interest of lessee under the lease or sub-lease, a sum equal to the highest casualty or, if a feu right is to be granted of a part only of the property let under the lease or sub-lease, the proportion of such casualty attributable to the subjects to be comprised in the feu right:

Provided that if at the date of the notice given under section one of this Act by the occupying lessee and after payment of any casualty which may then be exigible the state of the title is such that the next casualty may be that payable on the entry or succession of an heir, and the amount of the casualty payable by an heir is less than the amount which would be payable on the entry of a singular successor, the said sum shall be subject to an abatement of one half;

(ii)where casualties are exigible on the occasion of each transfer of the lease or sub-lease as well as on the death of the person holding the interest of lessee under the lease or sub-lease, a sum equal to one and two-thirds times the highest casualty or one and two-thirds times the proportion of such casualty attributable to the subjects to be comprised in the feu right, as the case may be:

Provided that if at the date of the said notice and after payment of any casualty which may then be exigible the state of the title is such that the next casualty may be that payable on the entry or succession of an heir, and the amount of the casualty payable by an heir is less than the amount which would be payable on the entry of a singular successor, the said sum shall be subject to an abatement of two-fifths;

(iii)where casualties are payable at fixed and regularly recurring intervals, such sum as will, with the addition of simple interest at the rate of five per centum per annum, produce on the next recurrence of the fixed interval a sum representing twenty-five times the highest casualty or twenty-five times the proportion of such casualty attributable to the subjects to be comprised in the feu right, as the case may be, divided by the number of years constituting such interval.

2The appropriate amount determined under the foregoing paragraph shall be in respect only of casualties payable under the lease or sub-lease subsequent to the date of the notice referred to in that paragraph, and the appropriate amount shall be fixed as at the said date.

3Where for the purposes of this Schedule it is necessary to apportion any casualty payable under a lease or a sub-lease between two or more parts of the property let under such lease or sub-lease, the apportionment shall be made by agreement amongst the parties concerned or, in default of such agreement, by the sheriff.

Section 9.

THIRD SCHEDULETable referred to in Paragraph (a) of Subsection (1) of Section Nine of this Act

Unexpired Period of Sub-leaseCapital Value of £1 per annum
Years£s.
119
2117
3214
4311
547
652
7516
869
972
10714
1186
12817
1398
14918
15108
161017
17115
181114
19122
20129
211216
22133
231310
241316
25142
26148
271413
281418
29153
30157
311512
321516
33160
34164
35167
361611
371614
381617
39170
40173
41176
42178
431711
441713
451715
461718
47180
48182
49183
50185
51-551810
56-601816
61-65192
66-70196
71-75199
76-801913
81-851913
86-901915
91-951916
96 and over1917

Sections 11, 12, 13, 14.

FOURTH SCHEDULEForm of Feu Contract to be used in the Grant of a Feu Right under Part I of this Act

Section 18.

FIFTH SCHEDULETable referred to in paragraph (b) of subsection (1) of section eighteen of this Act of the expectancy of life of an identifiable person in existence

Years of age of PersonYears of expectancy
Male lifeFemale life
Birth to 46569
5 to 96367
10 to 145862
15 to 195357
20 to 244852
25 to 294448
30 to 343943
35 to 393538
40 to 443033
45 to 492629
50 to 542225
55 to 591821
60 to 641517
65 to 691213
70 to 74910
75 to 7978
80 to 8456
85 and over44

Table of Statutes referred to in this Act

Short TitleSession and Chapter
Registration of Leases (Scotland) Act, 185720 & 21 Vict. c. 26.
Conveyancing (Scotland) Act, 187437 & 38 Vict. c. 94.
Conveyancing (Scotland) Act, 192414 & 15 Geo. 5. c. 27.
Coal Industry Nationalisation Act, 19469 & 10 Geo. 6. c. 59.
New Towns Act, 19469 & 10 Geo. 6. c. 68.
Long Leases (Temporary Provisions) (Scotland) Act, 195114 & 15 Geo. 6. c. 28.
Leasehold Property Act and Long Leases (Scotland) Act Extension Act, 19531 & 2 Eliz. 2. c. 12.

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