Conveyancing and Feudal Reform (Scotland) Act 1970
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Change 1
21 Notice of default.
(1) Where the debtor in a standard security is in default within the meaning of standard condition 9(1)(b), and the default is remediable, the creditor may, without prejudice to any other powers he may have by virtue of this Act or otherwise, proceed in accordance with the provisions of this section to call on the debtor and on the proprietor, where he is not the debtor, to purge the default. (2) For the aforesaid purpose the creditor may serve on the debtor and, as the case may be, on the proprietor a notice in conformity with Form B of Schedule 6 to this Act (hereinafter in this Act referred to as a “notice of default”) which shall be served in the like manner and with the like requirements as to proof of service as a calling-up notice. (2A) Sections 19A and 19B of this Act apply where the creditor serves a notice of default as they apply where he serves a calling-up notice. (3) For the purpose of dispensing with, or shortening, the period of notice mentioned in a notice of default, subsections (10) and (10B) of section 19 of this Act shall apply as they apply in relation to a calling-up notice. (4) Notwithstanding the failure to comply with any requirement contained in the notice, a notice of default shall cease to be authority for the exercise of the rights mentioned in section 23(2) of this Act on the expiration of a period of five years from the date of the notice.
21 Notice of default.
(1) Where the debtor in a standard security is in default within the meaning of standard condition 9(1)(b), and the default is remediable, the creditor may, without prejudice to any other powers he may have by virtue of this Act or otherwise, proceed in accordance with the provisions of this section to call on the debtor and on the proprietor, where he is not the debtor, to purge the default. (2) For the aforesaid purpose the creditor may serve on the debtor and, as the case may be, on the proprietor a notice in conformity with Form B of Schedule 6 to this Act (hereinafter in this Act referred to as a “notice of default”) which shall be served in the like manner and with the like requirements as to proof of service as a calling-up notice. (2A) Sections 19A and 19B of this Act apply where the creditor serves a notice of default as they apply where he serves a calling-up notice. (3) For the purpose of dispensing with, or shortening, the period of notice mentioned in a notice of default, subsections (10) and (10B) of section 19 of this Act shall apply as they apply in relation to a calling-up notice. (4) Notwithstanding the failure to comply with any requirement contained in the notice, a notice of default shall cease to be authority for the exercise of the rights mentioned in section 23(2) of this Act on the expiration of a period of five years from the date of the notice.
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