The Abolition of Feudal Tenure etc. (Scotland) Act 2000 (Prescribed Periods) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order prescribes periods for two purposes. Section 45(1) of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (“the 2000 Act”) makes provision for application to be made to a court or to the Lands Tribunal for Scotland to determine that a notice or agreement submitted for registration and rejected by the Keeper of the Registers of Scotland (“the Keeper”) is registrable. Section 45(2) provides that such applications shall require to have been made within a prescribed period. Article 2 prescribes this period. Where a notice or agreement is rejected before the appointed day (28th November 2004) such an application must be made on or before 21st January 2005. Where a notice or agreement is rejected after the appointed day the application must be made within eight weeks of the date of rejection of the notice or agreement by the Keeper.

Section 46(1) of the 2000 Act provides that it will not be competent to request or order the Keeper to remove real burdens extinguished by section 17(1)(a) (extinction of superior’s rights) with a period of years prescribed by the Scottish Ministers. Article 3 prescribes the number of years as 10 years. This period commences on the appointed day.