(Scotland) Act 2012 is modified by subsection (8). (8) In section 42 (notification to Scottish Ministers of certain applications)— (a) in subsection (1)— (i) the word “or” immediately preceding paragraph (b) is repealed, 22 Land Reform (Scotland) Bill Part 1—Large land holdings: management and transfer of ownership (ii) after paragraph (b) insert— “(c) under section 46B of that Act (prohibition to allow time to register community interest in large land holding), or (d) under section 46F(1) of that Act (prohibition to allow time for invited 5 application to register community interest).”, (b) in subsection (2), after “43(2)” insert “or 46J”. 4 Lotting of large land holding (1) The Land Reform (Scotland) Act 2003 is modified as follows. (2) After Part 2 insert— 10 “P ART 2A 1 L OTTING OF LARGE LAND HOLDINGS C HAPTER 1 P ROHIBITIONS ON TRANSFER The prohibitions 15 transfer without lotting decision 67C Prohibition on A purported transfer of land by the owner, or a creditor in a standard security having a right to sell the land, is of no effect if— (a) section 67G applies to the land, (b) the purported transfer is not an exempt transfer, and 20 (c) no lotting decision is in effect in relation to the land. 67D Prohibition on transfer contrary to lotting decision (1) A purported transfer of land by the owner, or a creditor in a standard security having a right to sell the land, is of no effect if— (a) a lotting decision is in effect in relation to the land which states that the 25 land (or any part of it) may only be transferred in lots specified in the decision, (b) the purported transfer is not an exempt transfer, and (c) either— (i) the purported transfer is of an area that does not correspond to a 30 lot specified in the lotting decision, or (ii) the purported transfer would result in the same person or connected persons owning more than one of the lots specified in the lotting decision. (2) But subsection (1) does not prevent the transfer of a part of a lot specified in 35 a lotting decision if Ministers give their approval to the transfer. 23 Land Reform (Scotland) Bill Part 1—Large land holdings: management and transfer of ownership Anti-avoidance 67ZE Requirement for declaration of compliance with Part (1) Where land to which section 67G applies is being transferred, the transferor is to incorporate in the deed giving effect to the transfer a declaration in 5 prescribed form confirming that the transfer is not in contravention of any prohibition under this Part. (2) A declaration under subsection (1) is not required if a declaration under section 67E is required in relation to the land being transferred. 67E Requirement to explain exemption to prohibitions in transfer deed 10 (1) A deed giving effect to a transfer of land is to include a declaration in 1 accordance with this section where the transfer would be of no effect by virtue of section 67C or 67D but for its being an exempt transfer. (2) A declaration in accordance with this section is one that— (a) specifies which provision of subsection (4) of section 40 operates so as 15 to make the transfer one to which section 67C or, as the case may be, 67D does not apply, and (b) where the provision so specified is paragraph (a), (e) or (h) of that subsection, stating that the transfer does not form part of a scheme or arrangement, and is not one of a series, the main purpose or effect, or 20 one or the main purposes or effects, of which is the avoidance of the requirements or consequences of this Part.