Extinction of right of irritancy in certain leases Section 78: Certain documents registrable despite initial rejection
287.This section allows registration, within limits, if the initial rejection of a notice or agreement by the Keeper is judicially overturned.
288.Subsection (1) identifies the notices and agreements in question.
289.Subsection (2) provides that a notice or agreement has to be registered within 2 months of the determination by the court (defined in subsection (6) as either the Court of Session or the Sheriff Court) or the Lands Tribunal. Under subsections (3) and (4), a notice which is registered after the appointed day is given retrospective effect.
290.Subsection (5) provides for the Scottish Ministers to specify a period of time within which application has to be made to the court or the Lands Tribunal. A different period may be prescribed for exempt leases as an exempt lease can be recalled at any time (other than a lease exempted under section 64) and so the appointed day for that lease is uncertain.