Title Conditions (Scotland) Act 2003

13 S In section 73 (feudal terms in enactments and documents: construction after abolition of feudal system)—

(a) in subsection (1)—

(i) in each of paragraphs (a), (b) and (c), at the end, there shall be added “ before that day ”;

(ii) the word “or” which immediately follows paragraph (b) is repealed; and

(iii) for the words “before the appointed day, then” there shall be substituted “; or

(d) in the Land Register of Scotland or in—

(i) a land certificate;

(ii) a charge certificate; or

(iii) an office copy,

issued, whether or not before that day, under the Land Registration (Scotland) Act 1979 (c. 33),

then ”;

(b) in subsection (2)—

(i) the existing words “in any document executed before that day”shall become paragraph (a);

(ii) after that paragraph there shall be inserted the word “ or ” and the following paragraph—

“(b) in the Land Register of Scotland or in any certificate or copy such as is mentioned in subsection (1)(d) above (whenever issued),”; and

(iii) for the words “19, 20, 23, 28 or, as the case may be, 60 of this Act” there shall be substituted “ 18A, 18B, 18C, 19, 20, 28, 28A or 60 of this Act or section 56 of the Title Conditions (Scotland) Act 2003 (asp 9) (facility burdens and service burdens) ”; and

(c) after subsection (2) there shall be added—

“(2A) In construing, after the appointed day and in relation to a right enforceable on or after that day, a document, or entry in the Land Register, which—

(a) sets out the terms of a real burden; and

(b) is not a document or entry references in which require to be construed as mentioned in subsection (2) above,

any provision of the document or entry to the effect that a person other than the person entitled to enforce the burden may waive compliance with, or mitigate or otherwise vary a condition of, the burden shall be disregarded.”.