The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Commencement No. 2) (Appointed Day) Order 2003

Scottish Statutory Instruments

2003 No. 456 (C. 25)

FEUDAL TENURE

The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Commencement No. 2) (Appointed Day) Order 2003

Made

22nd September 2003

The Scottish Ministers, in exercise of the powers conferred by section 71 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000(1) and all other powers enabling them in that behalf, hereby make the following Order:

Citation

1.  This Order may be cited as the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Commencement No. 2) (Appointed Day) Order 2003.

Appointed day

2.  The day appointed under section 71 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 as the appointed day is 28th November 2004.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

22nd September 2003

Explanatory Note

(This note does not form part of the Order)

This Order appoints 28th November 2004 as the appointed day for the purposes of The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (“the 2000 Act”). On the appointed day the feudal system of land tenure is abolished.

The following provisions of the 2000 Act come into force on the appointed day:–

(a) sections 1 and 2, 4 to 13, 32, 35 to 37, 46, 50 and 51, 54 to 57, 59 to 61, 64, 65, 66, 68 to 70, 73, 75 and 76(1) (except in so far as relating to paragraph 30(23)(a) of schedule 12) and (2);

(b) schedules 1 to 3;

(c) subject to paragraph 46(3) of schedule 12, that schedule, except paragraph 30(23)(a); and

(d) schedule 13.

The 2000 Act received Royal Assent on 9th June 2000. Sections 3, 14 to 16, 52, 53, 58, 67, 71, 72, 74, 76(1) as far as relating to paragraph 30(23)(a) of schedule 12, 76(3) and (4) and 77 and schedule 4 and paragraph 30(23)(a) of schedule 12 of the 2000 Act came into force on Royal Assent. Schedule 11A came into force on 4th April 2003 being the date on which section 114 and schedule 13 of the Title Conditions (Scotland) Act came into force.

This Order also sets the date on which many of the provisions of the Title Conditions (Scotland) Act 2003 will come into force in terms of section 129(2), read with section 122(1), of that Act. In terms of the Term and Quarter Days (Scotland) Act 1990 28th November is the term of Martinmas for the year 2004.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of commencement	S.S.I. No.
sections 17–22, 24, 25, 27–28A, 33, 34, 38–45, 47–49 and 65A;	1st November 2003	2003/
schedules 5–11

(1)

2000 asp 5.