7/31/2019 Groupings of Amendments for Stage 2 (50KB pdf).pdf

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SP Bill 6-G Session 4 (2012)

Land Registration etc. (Scotland) Bill

Groupings of Amendments for Stage 2

This document provides procedural information which will assist in preparing for and

following proceedings on the above Bill. The information provided is as follows:

the list of groupings (that is, the order in which amendments will bedebated). Any procedural points relevant to each group are noted;

the text of amendments to be debated on the day of Stage 2 consideration,set out in the order in which they will be debated. THIS LIST DOES

NOT REPLACE THE MARSHALLED LIST, WHICH SETS OUT

THE AMENDMENTS IN THE ORDER IN WHICH THEY WILL BE

DISPOSED OF.

Groupings of amendments

Additional information in relation to proprietors

4, 48, 5, 6

References to entries in Register of Inhibitions

7, 9

Conditions of registration: references to the plot

8

Order in which applications for registration are dealt with

10

Prescriptive claimants: notification

49, 50, 51, 52

Prescriptive claimants: conditions on period of possession

11, 12, 13

Closure of Register of Sasines: consultation and procedure

14, 34, 38

Completion of the register: target dates etc.

53, 54, 55

Advance notices

15, 16, 17, 18, 35, 36, 37, 39, 40, 41

Inaccuracy: provisional entries

19

Proceedings involving accuracy of the Register20, 21

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Exclusions from Keepers warranty

22, 23, 24

Compensation: rate of interest

25, 26, 27, 42

Referral of questions to the Lands Tribunal

43

Requirements of writing

28, 29, 30

Keeper-induced registration: fees

1

Duties of certain persons

2

Offence relating to applications for registration

44, 45, 31, 46, 32, 33, 3, 47

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Amendments in debating order

Additional information in relation to proprietors

Rhoda GrantSupported by: John Park

4 In section 7, page 3, line 12, after insert

Patrick Harvie

48 In section 22, page 9, line 35, at end insert

Rhoda Grant

Supported by: John Park

5 After section 98, insert

Rhoda Grant

Supported by: John Park

6 In section 111, page 58, line 9, at end insert

References to entries in Register of Inhibitions

Fergus Ewing

7 In section 10, page 4, line 23, leave out from to end of line 24 and insert

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Fergus Ewing

9 After section 31, insert

Conditions of registration: references to the plot

Fergus Ewing

8 In section 25, page 12, line 22, after insert

Order in which applications for registration are dealt with

Fergus Ewing

10 In section 38, page 17, line 31, at end insert

Prescriptive claimants: notification

Patrick Harvie

49 In section 42, page 19, line 13, leave out and insert

Patrick Harvie

50 In section 42, page 19, line 33, at end insert

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Patrick Harvie

51 In section 42, page 19, line 33, at end insert

Patrick Harvie

52 In section 44, page 20, line 28, at end insert

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Prescriptive claimants: conditions on period of possession

Fergus Ewing

11 In section 42, page 19, leave out lines 18 to 26 and insert

Fergus Ewing

12 In section 42, page 20, line 6, leave out

Fergus Ewing

13 In section 42, page 20, line 7, leave out and insert

Closure of Register of Sasines: consultation and procedure

Fergus Ewing

14 In section 47, page 22, line 3, at end insert

Fergus Ewing

34 In section 112, page 58, line 23, at end insert

Fergus Ewing

38 In section 112, page 58, leave out line 33

Completion of the register: target dates etc.

Patrick Harvie

53 After section 47, insert

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(2) The first order under subsection (1) must be laid before the Scottish Parliament within 6

months after the date the Bill for this Act receives Royal Assent.

(3) The Scottish Ministers and the Keeper must exercise their respective functions under

this Act in the way best calculated to achieve the completion or as the case may be

interim completion of the register by the dates set under subsection (1).

(4) The Scottish Ministers may, by order, modify either or both of the dates set under

subsection (1).>

Patrick Harvie

54 After section 47, insert

Patrick Harvie

55 In section 112, page 58, line 33, at end insert

Advance notices

Fergus Ewing

15 In section 58, page 28, line 29, leave out subsections (4) to (7)

Fergus Ewing

16 After section 58, insert

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(2) The decision as to whether or not to accept the application for registration of deed Y is

to be taken as if deed Z had not been recorded.

(3) If the decision mentioned in subsection (2) is to accept the application

(a) deed Y has on registration the same effect as if deed Z had not been recorded, and

(b) in making up the title sheet for the plot, the Keeper must give effect (if any) todeed Z as if it were not recorded but registered after deed Y.>

Fergus Ewing

17 After section 58, insert

Fergus Ewing

18 In section 60, page 29, line 22, at end insert

Fergus Ewing35 In section 112, page 58, line 23, at end insert

Fergus Ewing

36 In section 112, page 58, leave out line 24

Fergus Ewing

37 In section 112, page 58, leave out line 25

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Fergus Ewing

39 In section 112, page 58, leave out line 34

Fergus Ewing

40 In section 112, page 58, line 35, at end insert

Fergus Ewing

41 In section 112, page 58, line 35, at end insert

Inaccuracy: provisional entries

Fergus Ewing

19 In section 62, page 30, leave out line 4

Proceedings involving accuracy of the Register

Fergus Ewing

20 In section 64, page 30, line 30, after insert

Fergus Ewing

21 Move section 64 to after section 79

Exclusions from Keepers warranty

Fergus Ewing

22 In section 71, page 33, line 36, at end insert

Fergus Ewing

23 In section 72, page 34, line 14, leave out

Fergus Ewing

24 In section 72, page 34, line 16, leave out and insert

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(a) for paragraph (h) substitute

(h) in the case of registration by virtue of section 25, the title sheet is

accurate in so far as it shows the owner to be the proprietor or proprietor

in common of a plot of land more extensive than the area of land which

forms the subjects of the lease, to which the deed relates or, as the case

may be, in respect of which the subordinate real right is constituted,

(ha) in the case of registration under section 29, the title sheet is accurate in

so far as it shows the owner to be the proprietor or proprietor in common

of a plot of land more extensive than the plot the Keeper sought to

register, or,

(b) references in that subsection>

Compensation: rate of interest

Fergus Ewing

25 In section 77, page 36, line 29, leave out and insert

Fergus Ewing

26 In section 80, page 38, line 15, leave out and insert

Fergus Ewing

27 In section 91, page 43, line 37, leave out and insert

Fergus Ewing

42 In section 112, page 58, line 36, at end insert

Referral of questions to the Lands Tribunal

Mike MacKenzie

43 After section 79, insert

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to the Lands Tribunal for Scotland.

(2) The Lands Tribunal must, on determining the question, give notice to

(a) the applicant,

(b) any other person appearing to them to have an interest, and

(c) the Keeper.

(3) This section is without prejudice to any other right of recourse, whether under an

enactment or under a rule of law.>

Requirements of writing

Fergus Ewing

28 In section 93, page 47, line 20, after insert

Fergus Ewing

29 In schedule 3, page 67, line 10, at end insert

Fergus Ewing

30 In schedule 3, page 69, line 2, at end insert

Keeper-induced registration: fees

Murdo Fraser

1 In section 106, page 53, line 21, at end insert

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Duties of certain persons

Murdo Fraser

2 In section 107, page 54, line 16, at end insert

Offence relating to applications for registration

Murdo Fraser

44 In section 108, page 54, line 27, leave out

Murdo Fraser

45 In section 108, page 54, line 30, leave out from to end of line

Fergus Ewing

31 In section 108, page 55, leave out lines 4 and 5

Murdo Fraser

46 In section 108, page 55, line 5, at end insert

Fergus Ewing

32 In section 108, page 55, leave out lines 14 to 16 and insert

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Fergus Ewing

33 In section 108, page 55, line 16, at end insert

Murdo Fraser

3 Leave out section 108

Murdo Fraser

47 After section 108, insert

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