The timetable for the introduction of registration of title to the remaining areas is as follows:
AREA
PROPOSED DATE OF COMMENCEMENT
County of Argyll
County of Bute
1 April 2000
County of Midlothian
1 April 2001
County of Inverness
County of Nairn
1 April 2002
County of Banff
County of Caithness
County of Moray
County of Orkney and Zetland
County of Ross and Cromarty
County of Sutherland
1 April 2003
1.9 The first commencement order made the county of Renfrew the first operational area and brought
all the registration provisions of the Act into force for the whole country except for sub-sections (1)
and (2) of section 2 (registrable transactions) and section 3(3) (long leases etc.). It was decided to
apply the registration provisions (other than those three sub-sections which relate to first registrations)
to the whole of Scotland as soon as the county of Renfrew became operational. This was to ensure
the following:
•
that no problems would arise in cases where the Keeper exercised his discretion under section 11(1)
to accept for registration in the Land Register interests in land which lie in an area not yet
operational; and
•
that the ranking provisions contained in section 7 would apply throughout the
whole country.
By virtue of the exclusion of the operation of sections 2(1) (and (2) and 3(3)) in the initial
commencement order, section 8 applies. Consequently, all writs relating to property in other parts of
Scotland fall to be recorded in the Sasine Register until such time as those excluded subsections are
brought into force for a particular county or counties. Voluntary registrations may, of course, be
accepted under section 11(1). By excluding section 3(3) from those areas yet to be subject to a
commencement order, a real right in a long lease, or in respect of udal tenure or a kindly tenancy, can
continue to be obtained by possession or recording in the Sasine Register. When registration of title
is extended to a further county, sections 2(1) and (2) and 3(3) are brought into force by the
commencement order for that county.
