The Long Leases (Prescribed Form of Notices etc.) (Scotland) Regulations 2014

Made: 9th January 2014

Laid before the Scottish Parliament: 13th January 2014

Coming into force: 21st February 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 8(2), 14(3)(a), 17(4)(a), 23(3)(a), 24(2)(a), 25(2)(a), 26(2)(a), 27(3)(a), 28(3)(a), 45(2) and (4)(b), 50(4)(b) and (c), 54(3)(b) and (c), 56(3)(a) and (c), 57(2), 63(b), 64(2)(a), 67(1)(b), 68(2)(b), 71(1)(c)(ii), 74(3)(a) and (b), 75(2)(b) and 82(1)(b) of the Long Leases (Scotland) Act 2012[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Long Leases (Prescribed Form of Notices etc.) (Scotland) Regulations 2014 and come into force on 21st February 2014.

• (2) In these Regulations “the Act” means the Long Leases (Scotland) Act 2012.

• (3) A form referred to by number in these Regulations means the form so numbered in Schedule 1 to these Regulations.

Notice for conversion of reserved sporting rights

2

• (1) The notice referred to in section 8(2) of the Act (conversion of reserved sporting rights) is to be in the form of notice set out in form 1.

• (2) The explanatory note to this notice referred to in section 75(2)(b) of the Act (notices: pre-registration requirements) is to be in the form of explanatory note which immediately follows form 1.

Notice for conversion of qualifying condition by nomination of benefited property

3

• (1) The notice referred to in section 14(2) of the Act (conversion by nomination of benefited property) is to be in the form of notice set out in form 2.

• (2) The explanatory note to this notice referred to in section 75(2)(b) of the Act is to be in the form of explanatory note which immediately follows form 2.

Notice for conversion of qualifying condition by agreement

4

• (1) The notice referred to in section 17(1)(a) of the Act (conversion by agreement) is to be in the form of notice set out in form 3.

• (2) The explanatory note to this notice referred to in section 75(2)(b) of the Act is to be in the form of explanatory note which immediately follows form 3.

Notice for conversion to personal pre-emption or personal redemption burden

5

• (1) The notice referred to in section 23(1) of the Act (conversion to personal pre-emption or redemption burden) is to be in the form of notice set out in form 4.

• (2) The explanatory note to this notice referred to in section 75(2)(b) of the Act is to be in the form of explanatory note which immediately follows form 4.

Notice for conversion to economic development burden

6

• (1) The notice referred to in section 24(1) of the Act (conversion to economic development burden) is to be in the form of notice set out in form 5.

• (2) The explanatory note to this notice referred to in section 75(2)(b) of the Act is to be in the form of explanatory note which immediately follows form 5.

Notice for conversion to health care burden

7

• (1) The notice referred to in section 25(1) of the Act (conversion to health care burden) is to be in the form of notice set out in form 6.

• (2) The explanatory note to this notice referred to in section 75(2)(b) of the Act is to be in the form of explanatory note which immediately follows form 6.

Notice for conversion to climate change burden

8

• (1) The notice referred to in section 26(1) of the Act (conversion to climate change burden) is to be in the form of notice set out in form 7.

• (2) The explanatory note to this notice referred to in section 75(2)(b) of the Act is to be in the form of explanatory note which immediately follows form 7.

Notice for conversion to conservation burden

9

• (1) The notice referred to in section 27(1) of the Act (conversion to conservation burden: rule one) is to be in the form of notice set out in form 8.

• (2) The explanatory note to this notice referred to in section 75(2)(b) of the Act is to be in the form of explanatory note which immediately follows form 8.

Notice for conversion to conservation burden where conservation body or the Scottish Ministers nominated to enforce

10

• (1) The notice referred to in section 28(1) of the Act (conversion to conservation burden: rule two) is to be in the form of notice set out in form 9.

• (2) The explanatory note to this notice referred to in section 75(2)(b) of the Act is to be in the form of explanatory note which immediately follows form 9.

Notice requiring compensatory payment

11

• (1) The notice referred to in section 45(2) of the Act (requiring compensatory payment) is to be in the form of notice set out—

• (a) in the case of cumulo rent, in form 10;

• (b) in the case of a partially continuing lease, in form 11;

• (c) in the ordinary case, in form 12.

• (2) The explanatory note to this notice referred to in section 45(4)(b) of the Act is to be in the form of explanatory note which immediately follows form 10, 11 or 12.

Notice claiming additional payment

12

• (1) The notice referred to in section 50(2) of the Act (claiming additional payment) is to be in the form of notice set out in form 13.

• (2) The explanatory note to this notice referred to in section 50(4)(c) of the Act is to be in the form of explanatory note which immediately follows form 13.

Notice requiring additional payment agreed between former landlord and former tenant

13

• (1) The notice referred to in section 54(2) of the Act (additional payment: amount mutually agreed) is to be in the form of notice set out in form 14.

• (2) The explanatory note to this notice referred to in section 54(3)(c) of the Act is to be in the form of explanatory note which immediately follows form 14.

Notice requiring payment in excess of £500

14

• (1) The preliminary notice referred to in section 56(2) of the Act (claims in excess of £500: preliminary notice) is to be in the form of notice set out—

• (a) in the case of compensatory payment exceeding £500, in form 15;

• (b) in the case of additional payment exceeding £500, in form 16.

• (2) The explanatory note to this notice referred to in section 56(3)(c) of the Act is to be in the form of explanatory note which immediately follows form 15 or 16.

Instalment document

15

• (1) The instalment document referred to in section 57(2)(a) of the Act (making payments by instalments) is to be in the form of document set out in form 17.

• (2) The explanatory note to this document referred to in section 57(2)(b) of the Act is to be in the form of explanatory note which immediately follows form 17.

Notice seeking exemption from conversion of a qualifying lease

16

• (1) The exemption notice referred to in section 63(b) of the Act (exemption of qualifying lease by registration of notice) is to be in the form of notice set out in form 18.

• (2) The explanatory note to this notice referred to in section 68(2)(b) of the Act (exemption and recall notices: supplementary) is to be in the form of explanatory note which immediately follows form 18.

Agreement exempting qualifying lease by registration

17

The agreement referred to in section 64(2)(a) of the Act (exemption of qualifying lease by registration of agreement) is to be in the form of agreement set out in form 19.

Notice of recall of exemption

18

• (1) The recall notice referred to in section 67(1)(b) of the Act (recall of exemption) is to be in the form of notice set out in form 20.

• (2) The explanatory note to this notice referred to in section 68(2)(b) of the Act (exemption and recall notices: supplementary) is to be in the form of explanatory note which immediately follows form 20.

Service of notices

19

• (1) The acknowledgement of service referred to in section 74(3)(a) of the Act (service of notices) is to be in the form of notice set out in form 21.

• (2) The certificate of posting referred to in section 74(3)(b) of the Act is to be in the form of notice set out in form 22.

Table of life expectancy

20

The table of life expectancy referred to in section 71(1)(c)(ii) of the Act (determining duration of the lease) is set out in Schedule 2.

SCHEDULE 1 — LIST OF FORMS TO BE USED IN CONNECTION WITH REGISTRATION

Form 1 — Form of notice for preservation of sporting rights

Form of explanatory note

Form 2 — Form of notice for conversion of qualifying condition by nomination of benefited property

Form of explanatory note

Form 3 — Form of notice seeking agreement to the conversion of qualifying condition

Form of explanatory note

Form 4 — Form of notice for conversion of qualifying condition into personal pre-emption burden or personal redemption burden

Form of explanatory note

Form 5 — Form of notice for conversion of qualifying condition into economic development burden

Form of explanatory note

Form 6 — Form of notice for conversion of qualifying condition into health care burden

Form of explanatory note

Form 7 — Form of notice for conversion of qualifying condition into climate change burden

Form of explanatory note

Form 8 — Form of notice for conversion of qualifying condition into conservation burden

Form of explanatory note

Form 9 — Form of notice for conversion of qualifying condition into conservation burden by nomination of conservation body or the Scottish Ministers to have title to enforce real burden

Form of explanatory note

Form 10 — Form of notice requiring compensatory payment etc.: cumulo rent

Form of explanatory note

Form 11 — Form of notice requiring compensatory payment etc.: partially continuing lease

Form of explanatory note

Form 12 — Form of notice requiring compensatory payment etc.: ordinary case

Form of explanatory note

Form 13 — Form of notice requesting additional payment

Form of explanatory note

Form 14 — Form of further notice requiring additional payment following agreement

Form of explanatory note

Form 15 — Form of preliminary notice for compensatory payment exceeding £500

Form of explanatory note

Form 16 — Form of preliminary notice for additional payment exceeding £500

Form of explanatory note

Form 17 — Form of instalment document

Form of explanatory note

Form 18 — Form of notice of exemption

Form of explanatory note

Form 19 — Form of agreement for exemption for leases with an annual rent of over £100

Form of explanatory note

Form 20 — Form of notice of recall

Form of explanatory note

Form 21 — Acknowledgement of service

Form 22 — Certificate of posting

SCHEDULE 2

Note: This abridged life table is constructed from the estimated population in 2008, 2009 and 2010 and the total number of deaths registered in these years. The table shows the average number of years persons in the various age bands can be expected to live.

Signed

R CUNNINGHAM — Authorised to sign by the Scottish Ministers — 9th January 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Notices are required to implement the conversion of ultra-long leases to ownership under the Long Leases (Scotland) Act 2012 (“the Act”).

Regulations 2 to 19 (see forms 1 to 22 set out in Schedule 1) of these Regulations prescribe the following forms of notice under the sections of the Act referred to and relative explanatory note where appropriate and other necessary documentation:—

• Notice for conversion of reserved sporting rights (section 8(2)).

• Notice for conversion of qualifying condition by nomination of benefited property (section 14(2)).

• Notice seeking agreement to the conversion of qualifying conditions (section 17(1)(a)).

• Notices for conversion of qualifying condition into a personal pre-emption burden or personal redemption burden (section 23(1)); an economic development burden (section 24(1)); a health care burden (section 25(1)); a climate change burden (section 26(1)); or a conservation burden (sections 27(1) and 28(1)).

• Notices requiring compensatory payment etc.: cumulo rent, partially continuing lease, ordinary case (section 45(2)).

• Notice requesting additional payment (section 50(2)).

• Further notice requiring additional payment following agreement (section 54(2)).

• Preliminary notices for compensatory payment exceeding £500, and for additional payment exceeding £500 (section 56(2)).

• Instalment document (section 57(2)(a)).

• Notice seeking exemption from conversion of a qualifying lease (section 63(b)).

• Agreement seeking exemption of qualifying lease by registration of agreement (section 64(2)(a)).

• Notice recalling prior exemption from conversion of a qualifying lease (section 67(1)(b)).

• Acknowledgement of service (section 74(3)(a)).

• Certificate of posting (section 74(3)(b)).

Regulation 20 and Schedule 2 set out the table of life expectancy mentioned in section 71(1)(c)(ii) of the Act for use in certain circumstances in calculating the period of a lease where the period is expressed by reference to the lifetime of a person.

Footnotes

[^f00001]: 2012 asp 9; section 80(1) contains a definition of “prescribed” relevant to the use of powers in these Regulations.