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The Land Registration etc. (Scotland) Act 2012 (Commencement No. 3) Order 2021
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- Scottish Statutory Instruments
- 2021 No. 472 (C. 34)
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EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force section 97 of the Land Registration etc. (Scotland) Act 2012 (“the 2012 Act”) on electronic registration on 1 April 2022 for the limited purpose of inserting section 9G(6) into the Requirements of Writing (Scotland) Act 1995.
This brings into force exemptions from the rules for authentication before documents can be recorded or registered electronically in registers under control of the Keeper of the Registers. The exceptions cover, among other circumstances, where an enactment requires or expressly permits recording or registration notwithstanding that the document is not presumed to have been authenticated, and recording or registering a court decree in the Register of Sasines, the Land Register, the Books of Council and Session or a separate register maintained for that purpose.
Part 10 of the 2012 Act is still not in force for the purposes of any will, testamentary disposition and settlement or codicil.
The Bill for the Land Registration etc. (Scotland) Act 2012 received Royal Assent on 10 July 2012. Sections 113, 114(1), 116, 117, 122, 123 and 124 came into force the following day.
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