Abolition of Feudal Tenure etc. (Scotland) Act 2000
Abolition of Feudal Tenure etc. (Scotland) Act 2000 (2000 asp 5)
- Abolition of Feudal Tenure etc. (Scotland) Act 2000 (2000 asp 5)
- PART 1 ABOLITION OF FEUDAL TENURE
- 1 Abolition on appointed day
- 2 Consequences of abolition
- 3 Amendment of Land Registration (Scotland) Act 1979
- PART 2 LAND TRANSFERS ETC. ON AND AFTER APPOINTED DAY
- 4 Ownership of land
- 5 Form of application for recording deed in Register of Sasines
- 6 Deduction of title for unregistered land etc.
- PART 3 FEUDUTIES
- Extinction of feuduties
- 7 Extinction on appointed day
- 8 Requiring compensatory payment
- 9 Calculation of amount of compensatory payment
- 10 Making compensatory payment by instalments
- 11 Service under section 8(1)
- 12 Extinction by prescription of requirement to make compensatory payment
- Arrears
- 13 Arrears of feuduty etc.
- Disclosure
- 14 Duty of collecting third party to disclose information
- 15 Duty to disclose identity etc. of former vassal
- Interpretation
- 16 Interpretation of Part 3
- PART 4 REAL BURDENS
- Extinction of superior’s rights
- 17 Extinction of superior’s rights
- Reallotment etc.
- 18 Reallotment of real burden by nomination of new dominant tenement
- 18A Personal pre-emption burdens and personal redemption burdens
- 18B Conversion into economic development burden
- 18C Conversion into health care burden
- 19 Reallotment of real burden by agreement
- 20 Reallotment of real burden by order of Lands Tribunal
- 21 Manner of dealing with application under section 20
- 22 Amendment of Tribunals and Inquiries Act 1992
- 23 Reallotment of real burden affecting facility of benefit to other land etc.
- 24 Interest to enforce real burden
- 25 Counter-obligations on reallotment
- Conservation burdens
- 26 Conservation bodies
- 27 Notice preserving right to enforce conservation burden
- 27A Nomination of conservation body or Scottish Ministers to have title to enforce conservation burden
- 28 Enforcement of conservation burden
- 28A Effect of section 27A nomination
- 29 Assignation of right to conservation burden
- 30 Deduction of title for conservation burden
- 31 Extinction of burden on body ceasing to be conservation body
- 32 No standard security over conservation burden
- Compensation
- 33 Notice reserving right to claim compensation where land subject to development value burden
- 34 Transmissibility of right to claim compensation[j074.doc]
- 35 Claiming compensation
- 36 Service under section 35(3)
- 37 Amount of compensation
- 38 Duty to disclose identity of owner
- 39 The expression “owner” for purposes of sections 35 to 38
- 40 Assignation, discharge, or restriction, of reserved right to claim compensation
- Miscellaneous
- 41 Notices: pre-registration requirements etc.
- 42 Further provision as respects sections 18 to 20, 27 and 33
- 43 Notices and agreements under certain sections: extent of Keeper’s duty
- 44 Referral to Lands Tribunal of notice dispute
- 45 Circumstances where certain notices may be registered after appointed day
- 46 Duties of Keeper: amendments relating to the extinction of certain real burdens
- 47 Extinction of counter-obligation
- 48 No implication as to dominant tenement where real burden created in grant in feu
- Interpretation
- 49 Interpretation of Part 4
- PART 5 ENTAILS
- 50 Disentailment on appointed day
- 51 Compensation for expectancy or interest of apparent or other nearest heir in an entailed estate
- 52 Closure of Register of Entails
- PART 6 MISCELLANEOUS
- Discharge of certain rights and extinction of certain obligations and payments
- 53 Discharge of rights of irritancy
- 54 Extinction of superior’s rights and obligations qua superior
- 55 Abolition of thirlage
- 56 Extinction etc. of certain payments analogous to feuduty
- 57 Extinction by prescription of obligation to pay redemption money for feuduty, ground annual etc.
- The Crown, the Lord Lyon and Barony
- 58 Crown application
- 59 Crown may sell or otherwise dispose of land by disposition
- 60 Preserved right of Crown to maritime burdens
- 61 Mines of gold and silver
- 62 Jurisdiction and prerogative of Lord Lyon
- 63 Baronies and other dignities and offices
- Kindly Tenants of Lochmaben
- 64 Abolition of Kindly Tenancies
- Miscellaneous
- 65 Creation of proper liferent
- 65A Sporting rights
- 66 Obligation to make title deeds and searches available
- 67 Prohibition on leases for periods of more than 175 years
- 68 Certain applications to Sheriff of Chancery
- 69 Application of 1970 Act to earlier forms of heritable security
- 70 Ownership of land by a firm
- PART 7 GENERAL
- 71 The appointed day
- 72 Interpretation
- 73 Feudal terms in enactments and documents: construction after abolition of feudal system
- 74 Orders, regulations and rules
- 75 Saving for contractual rights
- 76 Minor and consequential amendments, repeals and power to amend or repeal enactments
- 77 Short title and commencement
- SCHEDULE 1 FORM OF NOTICE REQUIRING COMPENSATORY PAYMENT ETC.:CUMULO FEUDUTY
- SCHEDULE 2 FORM OF NOTICE REQUIRING COMPENSATORY PAYMENT ETC.: ORDINARY CASE
- SCHEDULE 3 FORM OF INSTALMENT DOCUMENT
- SCHEDULE 4 PROCEDURES AS TO SERVICE UNDER SECTION 8(1)
- SCHEDULE 5 FORM OF NOTICE PROSPECTIVELY NOMINATING DOMINANT TENEMENT
- Notes for completion of the notice
- SCHEDULE 5A Form of notice prospectively converting real burden into personal pre-emption burden or personal redemption burden
- Explanatory Note
- Notes for completion of the notice
- SCHEDULE 5B Form of notice prospectively converting real burden into economic development burden
- Explanatory Note
- Notes for completion of the notice
- SCHEDULE 5C Form of notice prospectively converting real burden into health care burden
- Explanatory Note
- Notes for completion of the notice
- SCHEDULE 6 FORM OF NOTICE SEEKING AGREEMENT TO THE PROSPECTIVE NOMINATION OF A DOMINANT TENEMENT
- Notes for completion of the notice
- SCHEDULE 7 FORM OF NOTICE INTIMATING APPLICATION TO LANDS TRIBUNAL UNDER SECTION 20(1)
- Notes for completion of the notice
- SCHEDULE 8 FORM OF NOTICE PRESERVING CONSERVATION BODY’S OR SCOTTISH MINISTERS’ RIGHT TO REAL BURDEN
- Notes for completion of the notice
- SCHEDULE 8A Form of notice nominating conservation body or Scottish Ministers to have title to enforce real burden
- Explanatory note
- Notes for completion of the notice
- SCHEDULE 9 FORM OF NOTICE RESERVING RIGHT TO COMPENSATION IN RESPECT OF EXTINCTION OF DEVELOPMENT VALUE BURDEN
- Notes for completion of notice
- SCHEDULE 10 PROCEDURES AS TO SERVICE UNDER SECTION 35(3)
- SCHEDULE 11 FORM OF ASSIGNATION, DISCHARGE OR RESTRICTION OF RESERVED RIGHT TO CLAIM COMPENSATION
- SCHEDULE 11A Form of notice prospectively converting sporting rights into tenement in land
- Explanatory note
- Notes for completion of the notice
- SCHEDULE 12 MINOR AND CONSEQUENTIAL AMENDMENTS
- PART 1 MINOR AND CONSEQUENTIAL AMENDMENTS: GENERAL
- Mines and Metals Act 1592 (c.31) (Act of the Parliaments of Scotland)
- Redemptions Act 1661 (c.247) (Act of the Parliaments of Scotland)
- Real Rights Act 1693 (c.22) (Act of the Parliaments of Scotland)
- Lands Clauses Consolidation (Scotland) Act 1845 (c.19)
- Entail Amendment Act 1848 (c.36)
- Registration of Leases (Scotland) Act 1857 (c.26)
- Land Registers (Scotland) Act 1868 (c.64)
- Titles to Land Consolidation (Scotland) Act 1868 (c.101)
- Conveyancing (Scotland) Act 1874 (c.94)
- Writs Execution (Scotland) Act 1877 (c.40)
- Conveyancing (Scotland) Acts (1874 and 1879) Amendment Act 1887 (c.69)
- Military Lands Act 1892 (c.43)
- Heritable Securities (Scotland) Act 1894 (c.44)
- Entail (Scotland) Act 1914 (c.43)
- Conveyancing (Scotland) Act 1924 (c.27)
- Church of Scotland (Property and Endowments) Act 1925 (c.33)
- Church of Scotland (Property and Endowments) Amendment Act 1933 (c.44)
- Conveyancing Amendment (Scotland) Act 1938 (c.24)
- National Parks and Access to the Countryside Act 1949 (c.97)
- Town and Country Planning (Scotland) Act 1954 (c.73)
- Land Powers (Defence) Act 1958 (c.30)
- Opencast Coal Act 1958 (c.69)
- Caravan Sites and Control of Development Act 1960 (c.62)
- Flood Prevention (Scotland) Act 1961 (c.41)
- Land Compensation (Scotland) Act 1963 (c.51)
- Local Government (Development and Finance)(Scotland) Act 1964 (c.67)
- Forestry Act 1967 (c.10)
- Countryside (Scotland) Act 1967 (c.86)
- Countryside Act 1968 (c.41)
- Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)
- Agriculture Act 1970 (c.40)
- Housing (Financial Provisions) (Scotland) Act 1972 (c.46)
- Prescription and Limitation (Scotland) Act 1973 (c.52)
- Land Compensation (Scotland) Act 1973 (c.56)
- Offshore Petroleum Development (Scotland) Act 1975 (c.8)
- Scottish Development Agency Act 1975 (c.69)
- Aircraft and Shipbuilding Industries Act 1977 (c.3)
- Land Registration (Scotland) Act 1979 (c.33)
- Ancient Monuments and Archaeological Areas Act 1979 (c.46)
- Education (Scotland) Act 1980 (c.44)
- Water (Scotland) Act 1980 (c.45)
- British Telecommunications Act 1981 (c.38)
- Mobile Homes Act 1983 (c.34)
- Roads (Scotland) Act 1984 (c.54)
- Companies Act 1985 (c.6)
- Housing Associations Act 1985 (c.69)
- Housing (Scotland) Act 1987 (c.26)
- Consumer Protection Act 1987 (c.43)
- Income and Corporation Taxes Act 1988 (c.1)
- Capital Allowances Act 1990 (c.1)
- Enterprise and New Towns (Scotland) Act 1990 (c.35)
- Natural Heritage (Scotland) Act 1991 (c.28)
- Coal Mining Subsidence Act 1991 (c.45)
- Crofters (Scotland) Act 1993 (c.44)
- Coal Industry Act 1994 (c.21)
- Value Added Tax Act 1994 (c.23)
- Requirements of Writing (Scotland) Act 1995 (c.7)
- Atomic Energy Authority Act 1995 (c.37)
- Town and Country Planning (Scotland) Act 1997 (c.8)
- Finance Act 1999 (c.16)
- PART 2 MINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO THE NATIONAL TRUST FOR SCOTLAND
- National Trust for Scotland Order Confirmation Act 1935 (c.ii)
- National Trust for Scotland Order Confirmation Act 1947 (c.xxxviii)
- SCHEDULE 13 REPEALS
- PART 1 REPEALS: GENERAL
- PART 2 REPEALS RELATING TO THE NATIONAL TRUST FOR SCOTLAND