Feu Duty Factors
Opinion of Professor Robert Rennie
Section 9(1) of the Abolition of Feudal Tenure etc (Scotland) Act 2000 deals with the calculation of the amount of compensation a former superior can now claim for loss of feuduty following 28 November.
The subsection appears to say that the feuduty factor to be applied should be the figure "at the close of business last preceding the appointed day". The appointed day was a Sunday, so the day preceding it was a Saturday. However, as Saturday was not a business day, that means that the figure to be used is the figure published in the Scotsman on Saturday 27 November, I.e. 21. 40 as this figure published in Saturday's Scotsman reflects the figure for close of business on Friday. In the Journal of May 2000, page 6, there is a small note which states that "the figure printed [in the Scotsman] is for redemption as at that date".
My own view is that it is indeed perfectly straightforward in that the correct day of calculation is close of business on Friday which will in fact be the figure published on Saturday.
