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Land Tenure Reform (Scotland) Act 1974

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This is the original version (as it was originally enacted).

PART IVGeneral

21Provisions for contracting out to be void

Subject to the provisions of sections 8(6) and 11(3) of this Act, any agreement or other provision, however constituted, which is made after the commencement of this Act, shall be void in so far as it purports to exclude or limit the operation of any enactment contained in this Act.

22Application to Crown

This Act shall apply to land held of the Crown and of the Prince and Steward of Scotland, and to land in which there is any other interest belonging to Her Majesty in right of the Crown or to a Government department, or held on behalf of Her Majesty for the purposes of a Government department, in like manner as it applies to other land.

23Interpretation and repeals

(1)In this Act, unless the context otherwise requires—

  • " deed " has the meaning assigned to it in section 3 of the [1868 c. 101.] Titles to Land Consolidation (Scotland) Act 1868, section 3 of the [1874 c. 94.] Conveyancing (Scotland) Act 1874 and section 2 of the [1924 c. 27.] Conveyancing (Scotland) Act 1924;

  • " heritable security " (except in relation to sections 4(5), 5(10) and 10(2)) does not include any security for the purpose of securing the payment of a ground annual or other periodical sum payable in respect of land, and " heritable creditors " shall be construed accordingly;

  • " land " has the meaning assigned to it in section 2 of the said Act of 1924.

(2)Unless the context otherwise requires, any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

(3)The enactments specified in Schedule 7 to this Act are hereby repealed to the extent specified in relation thereto in that Schedule.

24Short title, commencement and extent

(1)This Act may be cited as the Land Tenure Reform (Scotland) Act 1974.

(2)This Act shall come into operation on 1st September 1974.

(3)This Act shall extend to Scotland only.

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