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In force since 2016-11-30, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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The provisions of any enactment relating to a bond and disposition or assignation in security shall apply to a standard security, except in so far as such provisions are inconsistent with the provisions of this Part of this Act, but, without prejudice to the generality of that exception, the enactments specified in Schedule 8 to this Act shall not so apply.
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Propose a changeFor section 38 of the Act of 1924 there shall be substituted the following section— Periods during which, and newspapers in which, advertisement required. 38 (1) An advertisement for the purposes of an exposure to sale shall be inserted at least once weekly during a period of not less than three consecutive weeks in accordance with the provisions of this section, and the exposure to sale so advertised shall take place within a period of fourteen days beginning with the day following the day of the publication of the third advertisement required under this subsection. (2) An advertisement for the purposes of an offer for sale by privat bargain shall be inserted in like manner during a period of not less than two consecutive weeks, and it shall be a requirement of a competent sale that an enforceable contract to sell shall be concluded within a period of twenty-eight days beginning with the day following the day of the publication of the second advertisement required under this subsection. (3) Insertion of an advertisement for the purposes of the two foregoing subsections shall be as follows, that is to say— (a) in the case of land situated in the county of Midlothian, in at least one daily newspaper published in Edinburgh; (b) in the case of land situated in the county of Lanark, in at least one daily newspaper published in Glasgow; (c) in the case of land situated elsewhere in Scotland, in at least one daily newspaper published in Scotland circulating in the district where the land or the main part thereof is situated and in at least one newspaper (if any) circulating as aforesaid and published either in the county in which the land, or any part thereof, is situated or in a county (being a county in Scotland) adjacent to that county. (4) A copy of an advertisement required by this section shall, when supported by a certificate of publication by the publisher, printer, or editor of the newspaper in which that advertisement is inserted, be sufficient evidence of the insertion and publication thereof. (5) For the purposes of this section— (a) “a week”means the period between midnight on Saturday night and midnight on the succeeding Saturday night, and (b) “exposure to sale” and “offer for sale” respectively include re-exposure to sale and re-offer for sale.
Propose a changeSection 40 of the Act of 1924 (exposure in lots and apportionment of feu-duty etc.) shall be amended as follows— (a) for the words from the beginning to the words “price or prices and,” there shall be substituted the words— (1) The land, or any part thereof, may be exposed to, or offered for, sale either in whole or in lots, and in the former case at such upset price or prices as the creditor may think proper, and in the latter case at the best price that can be reasonably obtained, and (b) at the end there shall be added the following subsections— (2) Where there is a sale as aforesaid in lots, the creditor shall have power to create such rights and impose such duties and conditions as he considers may be reasonably required for the proper management, maintenance and use of any part of the land to be held in common by the owners for the time being of the lots. (3) For the purpose of exercising the power conferred by the last foregoing subsection, a creditor shall have the like right as has a proprietor by virtue of section 32 of the Conveyancing (Scotland) Act 1874 to execute and record to the like effect a deed of declaration of conditions in the manner prescribed by that section. .
Propose a changeFor subsection (2) of section 41 of the Act of 1924 (protection of purchasers) there shall be substituted the following subsection— (2) Where a disposition of land is duly recorded in the appropriate Register of Sasines and that disposition bears to be granted in the exercise of a power of sale contained in a deed granting a bond and disposition in security, and the exercise of that power wasex facieregular, the title of abona fidepurchaser of the land for value shall not be challengeable on the ground that the debt had ceased to exist, unless that fact appeared in the said Register, or was known to the purchaser prior to the payment of the price, or on the ground of any irregularity relating to the sale or in any preliminary procedure thereto; but nothing in the provisions of this subsection shall affect the competency of any claim for damages in respect of the sale of the land against the person exercising the said power. ; but in relation to a disposition duly recorded before the commencement of this Act the said subsection shall continue to have effect as originally enacted.
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Propose a change(1) Where land is held in security by virtue of a heritable security constituted byex facieabsolute conveyance, whether qualified by a back letter or not, a discharge by the creditor in security in conformity with Schedule 9 to this Act, either as a separate deed or as a deed endorsed on the conveyance, shall, as from the date on which that discharge is duly recorded, discharge that heritable security, disburden the land to the extent that it is the subject of the security, and vest that land in the person entitled thereto in like manner and to the like effect as if a conveyance containing a clause of warrandice from fact and deed only and all other usual and necessary clauses had been granted by the creditor to that person and duly recorded. (2) Nothing in the provisions of the foregoing subsection shall affect any method of granting a discharge in existence at the commencement of this Act.
Propose a change(1) Where the discharge, in whole or in part, of a security over land is duly recorded, whether before or after the commencement of this Act, and that discharge bears to be granted by a person entitled so to do, the title of a person who subsequently acquires the land or a real right in or over it bona fide and for value, shall not be challengeable, after the expiration of a period of five years commencing with the date of the recording of the discharge, by reason only of the recording of an extract of a decree of reduction of the discharge, whether or not the date of that decree was before or after the date on which the acquisition . . . was duly recorded. (2) Section 46 of the Act of 1924 (which requires extract decrees of reduction of certain deeds to be recorded) shall cease to apply in relation to a decree of reduction of a discharge of a security where that discharge has been duly recorded for a period of five years or more, but the provisions of this subsection shall not preclude the recording of such a decree of reduction as provided for in the said section 46. (3) Nothing in the provisions of this section shall affect any rights of a creditor in a security as against the debtor therein. (4) The provisions of this section shall not be pleadable to any effect in any action begun, whether before or after the date of the commencement of this Act, before the expiry of a period of two years beginning with that date. (5) This section shall apply to an order under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 rectifying a discharge as it applies to a decree of reduction of a discharge
Propose a changeSection 13 of this Act shall apply, in relation to the effect on the preference in ranking of any heritable security, constituted by ex facie absolute disposition or assignation, as it applies to the preference in ranking of a standard security.
Propose a change(1) In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “the Act of 1924” means the Conveyancing (Scotland) Act 1924; “land” has the meaning assigned to it by section 2(1) of the Act of 1924. (2) For the purpose of construing this Part of this Act in relation to the creation of a security over a registered lease and to any subsequent transactions connected with that security, section 30(2) shall apply as it applies to Part II of this Act, and any reference to a security over land, however expressed, shall be construed as a reference to a registered lease subject to a security, and “land” shall be construed accordingly.
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Propose a changeAn extract, whether issued before or after the commencement of this Act, of a conveyance, deed, instrument or other document bearing to have been recorded in the Register of Sasines shall be accepted for all purposes as sufficient evidence of the contents of the original so recorded and of any matter relating thereto appearing on the extract.
Propose a change(1) For the avoidance of doubt, in section 9 of the Conveyance Amendment (Scotland) Act 1938 (which limits the effect of conditions as to pre-emption), subsection (1) shall have effect subject to the following amendments— (a) by inserting after the words “by the proprietor of the feu” the words “(whether or not that right purports to be exercisable on more than one occasion)”; and (b) by substituting for the words “intimate his intention to exercise such right of pre-emption” the words “accept the offer.”. (2) In the said subsection, for the reference to forty days there shall be substituted a reference to twenty-one days.
Propose a changeThe provisions of Part I of Schedule 10 and Part I of Schedule 11 to this Act shall apply for the purpose of abolishing the requirement that in certain cases the granter of a deed who has a duly recorded title must specify his title in the deed.
Propose a changeThe provisions of Part II of Schedule 11 to this Act shall apply for the purpose of repealing certain provisions for the assignation of unrecorded conveyances, deeds and leases and for the completion of title by assignees under such assignations by the recording of the conveyance, deed or lease together with the assignation.
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Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In section 3 of the principal Act (procedure, appeals costs and fees), for paragraphs (a), (b) and (c) of subsection (12) there shall be substituted the following paragraphs:— (a) for subsection (4) of this section there shall be substituted the following subsection:— “(4) Section 9 of the Tribunals and Inquiries Act 1958 (appeals from certain tribunals) shall apply, subject to the modifications specified in subsection (6) of that section, to proceedings before the Lands Tribunal as it applies to proceedings before the tribunals referred to in subsection (1) of that section.”; (b) for paragraph (c) of subsection (6) of this section there shall be substituted the following paragraph:— “(c) provide for requiring persons to attend to give evidence and produce documents, and for authorising the administration of oaths and witnesses, and for granting to any person such recovery of documents as might be granted by the Court of Session. ”; (c) any person who without reasonable excuse fails to comply with any requirement imposed by rules under this section in accordance with paragraph (c) of subsection (6) of thsi section shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 or imprisonment for a term not exceeding three months or both; (d) any order of the Tribunal may be recorded for execution in the Books of Council and session and shall be enforceable accordingly; (e) the rule-making authority for the purposes of this Act shall be the Secretary of State. .
Propose a changeThis Act shall, subject to any exceptions stated therein, apply to land owned by the Crown or by the Prince and Steward of Scotland, and to land in which there is any other interest belonging to Her Majesty in right of the Crown or to a Government department, or held on behalf of Her Majesty for the purposes of a Government department, in like manner as it applies to other land.
Propose a change(1) Any procedure, notice, advertisement, certificate or warrant instituted, given or granted, or any other thing done under any enactment amended or disapplied by this Act, shall not be invalidated by the coming into force of that amendment or disapplication, but it and any sale or other proceedings dependent thereon shall have effect as if this Act had not come into operation. (2) The enactments specified in Schedule 10 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the provisions of this Act. (3) The enactments specified in Schedule 11 to this Act are hereby repealed to the extent specified in relation thereto in that Schedule.
Propose a change(1) It shall be sufficient compliance with any provisions in this Act which require any deed, notice, certificate or procedure to be in conformity with a Form or Note, or other requirement of this Act, that that deed, notice, certificate or procedure so conforms as closely as may be, and nothing in this Act shall preclude the inclusion of any additional matter which the person granting the deed or giving or serving the notice or giving the certificate or adopting the procedure may consider relevant. (2) In any Form prescribed by Schedules 2,4,5,6 and 9 to this Act, and in any Note to those Schedules, the expression “Register for” means the Register of Sasines appropriate for. (3) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act. (4) In this Act, except Part II, unless the context otherwise requires— “conveyance”, “deed” and “instrument” have the meanings assigned to them in section 3 of the Titles to Land Consolidation (Scotland) Act 1868, section 3 of the Conveyancing (Scotland) Act 1874, and section 2 of the Conveyancing (Scotland) Act 1924; “duly registered or recorded” means registered in the Land Register of Scotland or recorded in the Register of Sasines; “Lands Tribunal” means the Lands Tribunal for Scotland; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Register of Sasines” has the meaning assigned to it in section 2 of the Conveyancing (Scotland) Act 1924.
Propose a change(1) This Act may be cited as the Conveyancing and Feudal Reform (Scotland) Act 1970 (2) This Act shall come into operation— (a) except as respects sections 1 to 6, section 50, sections 51 to 53 in so far as they relate to those sections, and this section, at the expiration of a period of six months beginning with the date on which it is passed, (b) as respects sections 1 to 6 and sections 51 to 53 in so far as they relate to those sections, on such date as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions, (c) as respects section 50, sections 51 to 53 in so far as they relate thereto, and this section, on the passing of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any such order, be construed as a reference to the date on which that provision comes into operation. (3) This Act shall extend to Scotland only.
Propose a change1 An obligation to pay feuduty, ground annual, rent, skat, dry multure, teind, stipend, standard charge or other payment of a like nature, or an obligation of relief relating to any such payment. 2 An obligation, however constituted, relating to the right to work minerals or to any ancillary right in relation to minerals within the meaning of section 2 of the Mines (Working Facilities and Support) Act 1966. 3 An obligation imposed by or on behalf of the Crown for the protection of any royal park, garden or palace. 4 An obligation created or imposed— (i) for naval, military or air force purposes; (ii) for civil aviation purposes under the powers conferred by section 19 or 23 of the Civil Aviation Act 1949 or any enactment replaced thereby: Provided that this paragraph— (i) shall exclude the application of section 1 of this Act to an obligation falling within sub-paragraph (i) above, and not created or imposed in connection with the use of any land as an aerodrome, only so long as the obligation is enforceable by or on behalf of the Crown; and (ii) shall exclude the application of section 1 of this Act to an obligation falling within sub-paragraph (ii) above, or created or imposed in connection with the use of any land as an aerodrome, only so long as the obligation is enforceable by or on behalf of the Crown or any public or international authority. 5 An obligation created or imposed in or in relation to a lease . . . — (a) constituting a 1991 Act tenancy, within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11); (aa) constituting a short limited duration tenancy or a limited duration tenancy, within the meaning of that Act; (b) of a holding, within the meaning of the Small Landholders (Scotland) Acts 1886 to 1931; or (c) of a croft, within the meaning of the Crofters (Scotland) Act 1955.
Propose a changeSections 9 and 10. Form A [To be used where the personal obligation is included in the deed] I, A.B. (designation), hereby undertake to pay to C.D. (designation), the sum of £ (or a maximum sum of £ ) (or all sums due and that may become due by me to the said C.D. in respect of ......... (here specify the matter for which the undertaking is granted)) with interest from ........................ (or from the respective times of advance) at ............ per centum per annum (or otherwise as the case may be) (annually, half-yearly, or otherwise as the case may be) on ..................... in each year commencing on .....................; For which I grant a standard security in favour of the said C.D. over All and Whole (here describe the security subjects as indicated in Note 1 hereto): The standard conditions specified in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970, and any lawful variation thereof operative for the time being, shall apply: And I grant warrandice: And I consent to registration for execution. Testing clause+ Form B [To be used where the personal obligation is constituted in a separate instrument or instruments] I, A.B. (designation) hereby in security of (here specify the nature of the debt or obligation in respect of which the security is given and the instrument(s) by which it is constituted in such manner as will identify these instruments) grant a standard security in favour of C.D. (designation) over All and Whole (here describe the security subjects as indicated in Note 1 hereto): The standard conditions specified in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970, and any lawful variation thereof operative for the time being, shall apply: And I grant warrandice. Testing clause+ NOTES TO SCHEDULE 2 . Note 1.—The security subjects shall be described sufficiently to identify them; but this note is without prejudice to any additional requirement imposed as respects any register. Note 2.—Where the grantor has not a recorded title to the security subjects and the deed is to be recorded in the Register of Sasines , insert after the description thereof a clause of deduction of title as follows:—Which subjects(or . . . lease (or tack) or, as the case may be) were last vested (or are part of the subjects last vested) in E.F. whose title thereto was recorded in the Register for ........................(or the said Register of Sasines) on ..................... (or, if the last recorded title has already been mentioned, say in the said E.F. as aforesaid), and from whom I acquired right by (there specify shortly the writ or writs by which that right was so acquired). Note 3.—Where the grantor of a standard security to be recorded in the Register of Sasines has granted a conveyance ex facie absolute of the security subjects, or any part thereof, that conveyance shall be referred to in accordance with Note 5 to this Schedule. In any such case:—(a) where the grantor has a recorded title to the security subjects, no clause of deduction of title is required in the standard security (b) where the grantor does not have a recorded title to the security subjects but has right thereto by virtue of an unrecorded title insert in the standard security after the description of the security subjects a clause of deduction of title as follows.—Which subjects (or . . . lease (or tack) or, as the case may be) were formerly vested in (or are part of the subjects formerly vested in) (give name of person who last had a recorded title to the subjects before the grantor acquired right thereto)whose title thereto was recorded in the Register for ........................(or the said Register of Sasines) on ........................ (or if such recorded title has already been mentioned sayin the said .................. as aforesaid) and from whom I acquired right by (here specify shortly the writ or writs by which that right was so acquired). Note 4.—Where it is desired to vary any of the standard conditions contained in Schedule 3 to this Act, such variations shall be effected either by an instrument or instruments other than the standard security, and any such instrument shall not require to be registered in the Land Register of Scotland or recorded in the Register of Sasines or by inserting in the standard security after the description of the security subjects (and after the clause of deduction of title, if any) And I agree that the standard conditions shall be varied to the effect that (here insert particulars of the variations desired). (As regards future variations, see section 16 of, and Form E and Notes 5 and 6 in Schedule 4 to, this Act). Note 5.—Where the security subjects are burdened by any other standard security or heritable security, or by any security by way of ex facie absolute conveyance which ranks prior to the standard security which is being granted, insert immediately before the clause of warrandice the following:—But the security hereby granted is subject to(here specify any deed by which such preferable rights were created and any deed modifying or altering such rights), and amend the clause of warrandice to read And, subject as aforesaid, I grant warrandice. Where the standard security is to rank prior or postponed to, orpari passuwith any other existing heritable security or any other standard security, a ranking clause may be inserted in appropriate terms immediately prior to the warrandice clause, and the warrandice clause shall, where necessary, be qualified accordingly. Note 6.—Where a standard security is granted in Form A for a fluctuating or uncertain amount, provisions for ascertaining the amount due at any time may be inserted immediately prior to the clause of granting of the security, and the registration clause shall, where necessary, be amended accordingly. Note 7.—In the case of a standard security for a non-monetary obligation, the forms in this Schedule shall be adapted as appropriate. +Note 8— In the case of a traditional document, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 , which also makes provision as regards the authentication of an electronic document).
Propose a changeSection 11. Maintenance and repair. 1 It shall be an obligation on the debtor— (a) to maintain the security subjects in good and sufficient repair to the reasonable satisfaction of the creditor; (b) to permit, after seven clear days notice in writing, the creditor or his agent to enter upon the security subjects at all reasonable times to examine the condition thereof; (c) to make all necessary repairs and make good all defects in pursuance of his obligation under head (a) of this condition within such reasonable period as the creditor may require by notice in writing. Completion of buildings etc. and prohibition of alterations etc. 2 It shall be an obligation on the debtor— (a) to complete, as soon as may be practicable, any unfinished buildings and works forming part of the security subjects to the reasonable satisfaction of the creditor; (b) not to demolish, alter or add to any buildings or works forming part of the security subjects, except in accordance with the terms of a prior written consent of the creditor and in compliance with any consent, licence or approval required by law; (c) to exhibit to the creditor at his request evidence of that consent, licence or approval. Observance of conditions in title, payment of duties, charges, etc., and general compliance with requirements of law relating to security subjects. 3 It shall be an obligation on the debtor— (a) to observe any condition or perform any obligation in respect of the security subjects lawfully binding on him in relation to the security subjects; (b) to make due and punctual payment of any ground burden, teind, stipend, or standard charge, and any rates, taxes and other public burdens, and any other payments exigible in respect of the security subjects; (c) to comply with any requirement imposed upon him in relation to the security subjects by virtue of any enactment. Planning notices, etc. 4 It shall be an obligation on the debtor— (a) where he has received any notice or order, issued or made by virtue of the Town and Country Planning (Scotland) Acts 1947 to 1969 or any amendment thereof, or any proposal so made for the making or issuing of any such notice or order, or any other notice or document affecting or likely to affect the security subjects, to give to the creditor, within fourteen days of the receipt of that notice, order or proposal, full particulars thereof; (b) to take, as soon as practicable, all reasonable or necessary steps to comply with such a notice or order or, as the case may be, duly to object thereto; (c) in the event of the creditor so requiring, to object or to join with the creditor in objecting to any such notice or order or in making representations against any proposal therefor. Insurance. 5 It shall be an obligation on the debtor— (a) to insure the security subjects or, at the option of the creditor, to permit the creditor to insure the security subjects in the names of the creditor and the debtor to the extent of the market value thereof against the risk of fire and such other risks as the creditor may reasonably require; (b) to deposit any policy of insurance effected by the debtor for the aforesaid purpose with the creditor; (c) to pay any premium due in respect of any such policy, and, where the creditor so requests, to exhibit a receipt therefor not later than the fourteenth day after the renewal date of the policy; (d) to intimate to the creditor, within fourteen days of the occurrence, any occurrence which may give rise to a claim under the policy, and to authorise the creditor to negotiate the settlement of the claim; (e) without prejudice to any obligation to the contrary enforceable against him, to comply with any reasonable requirement of the creditor as to the application of any sum received in respect of such a claim; (f) to refrain from any act or omission which would invalidate the policy. Restriction on letting. 6 It shall be an obligation on the debtor not to let, or agree to let, the security subjects, or any part thereof, without the prior consent in writing of the creditor, and “to let” in this condition includes to sub-let. General power of creditor to perform obligations etc. on failure of debtor and power to charge debtor. 7 (1) The creditor shall be entitled to perform any obligation imposed by the standard conditions on the debtor, which the debtor has failed to perform. (2) Where it is necessary for the performance of any obligation as aforesaid, the creditor may, after giving seven clear days notice in writing to the debtor, enter upon the security subjects at all reasonable times. (3) All expenses and charges (including any interest thereon), reasonably incurred by the creditor in the exercise of a right conferred by this condition, shall be recoverable from the debtor and shall be deemed to be secured by the security subjects under the standard security, and the rate of any such interest shall be the rate in force at the relevant time in respect of advances secured by the security, or, where no such rate is prescribed, shall be the bank rate in force at the relevant time. Calling-up. 8 The creditor shall be entitled, subject to the terms of the security and to any requirement of law, to call-up a standard security in the manner prescribed by section 19 of this Act. Default. 9 (1) The debtor shall be held to be in default in any of the following circumstances, that is to say— (a) where a calling-up notice in respect of the security has been served and has not been complied with; (b) where there has been a failure to comply with any other requirement arising out of the security; (c) where the proprietor of the security subjects has become insolvent. (2) For the purposes of this condition, the proprietor shall be taken to be insolvent if— (a) he has become notour bankrupt, or he has executed a trust deed for behoof of, or has made a composition contract or arrangement with, his creditors; (b) he has died and a judicial factor has been appointed under section 11A of the Judicial Factors (Scotland) Act 1889 to divide his insolvent estate among his creditors, or his estate falls to be administered in accordance with an order under section 421 of the Insolvency Act 1986; (c) where the proprietor is a company, a winding-up order has been made with respect to it, or a resolution for voluntary winding-up (other than a members’ voluntary winding-up) has been passed with respect to it, or a receiver or manager of its undertaking has been duly appointed, or possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge. Rights of creditor on default. 10 (1) Where the debtor is in default, the creditor may, without prejudice to his exercising any other remedy arising from the contract to which the standard security relates, exercise, in accordance with the provisions of Part II of this Act and of any other enactment applying to standard securities, such of the remedies specified in the following sub-paragraphs of this standard condition as he may consider appropriate. (2) He may proceed to sell the security subjects or any part thereof. (3) He may enter into possession of the security subjects and may receive or recover . . . the rents of those subjects or any part thereof. (4) Where he has entered into possession as aforesaid, he may let the security subjects or any part thereof. (5) Where he has entered into possession as aforesaid there shall be transferred to him all the rights of the debtor in relation to the granting of leases or rights of occupancy over the security subjects and to the management and maintenance of those subjects. (6) He may effect all such repairs and may make good such defects as are necessary to maintain the security subjects in good and sufficient repair, and may effect such reconstruction, alteration and improvement on the subjects as would be expected of a prudent proprietor to maintain the market value of the subjects, and for the aforesaid purposes may enter on the subjects at all reasonable times. (7) He may apply to the court for a decree of foreclosure. Exercise of right of redemption. 11 (1) The debtor shall be entitled to exercise his right (if any) to redeem the security on giving notice of his intention so to do, being a notice in writing (hereinafter referred to as a “notice of redemption”). (2) Nothing in the provisions of this Act shall preclude a creditor from waiving the necessity for a notice of redemption, or from agreeing to a period of notice of less than that to which he is entitled. (3) (a) A notice of redemption may be delivered to the creditor or sent by registered post or recorded delivery to him at his last known address, and an acknowledgment signed by the creditor or his agent or a certificate of postage by the person giving the notice accompanied by the postal receipt shall be sufficient evidence of such notice having been given. (b) If the address of the creditor is not known, or if the packet containing the notice of redemption is returned to the sender with intimation that it could not be delivered, a notice of redemption may be sent to the Extractor of the Court of Session and an acknowledgment of receipt by him shall be sufficient evidence of such notice having been given. (c) A notice of redemption sent by post shall be held to have been given on the day next after the day of posting. (4) When a notice of redemption states that a specified amount will be repaid, and it is subsequently ascertained that the whole amount due to be repaid is more or less than the amount specified in the notice, the notice shall nevertheless be effective as a notice of repayment of the amount due as subsequently ascertained. (5) Where the debtor has exercised a right to redeem, and has made payment of the whole amount due, or has performed the whole obligations of the debtor under the contract to which the security relates, the creditor shall grant a discharge in the terms prescribed in section 17 of this Act. 12 The debtor shall be personally liable to the creditor for the whole expenses of the preparation and execution of the standard security and any variation, restriction and discharge thereof and, where any of those deeds are registered or recorded, the registration or recording thereof, and all expenses reasonably incurred by the creditor in calling-up the security and realising or attempting to realise the security subjects, or any part thereof, and exercising any other powers conferred upon him by the security. Interpretation In this Schedule, where the debtor is not the proprietor of the security subjects, “debtor” means “proprietor”, except (a) in standard conditions 9(1), 10(1) and 12, and (b) in standard condition 11, where “debtor” includes the proprietor.
Propose a changeSections 14, 15, 16 and 17. FORM A Assignation of Standard Security Separate I, A.B. (designation), in consideration of £ hereby assign to C.D. (designation) a standard security for £ (or a maximum sum of £ , to the extent of £ being the amount now due thereunder; in other cases describe as indicated in Note 2 to this Schedule) by E.F. in my favour (or in favour of G.H.) registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….) (adding if necessary, but only to the extent of £ of principal); With interest from ........................ Testing clause+ FORM B [To be endorsed on the standard security] As above save that instead of the words “a standard security for £” (or otherwise, as the case may be) insert “the foregoing standard security” Where the security is a fluctuating amount whether subject to a maximum or not, add “to the extent of £ being the amount now due thereunder”. FORM C Restriction of Standard Security I, A.B. (designation), in consideration of (specify consideration, if any) hereby disburden of a standard security for £ (or a maximum sum of £; in other cases, describe as indicated in Note 2 to this Schedule) by C.D. in my favour (or in favour of E.F.) registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….) (adding if necessary, but only to the extent of £ of principal) ALL and WHOLE (describe the subjects disburdened in the same way as directed in Note 1 to Schedule 2 to this Act in the case of a description of security subjects). Testing clause+ FORM D Combined Partial Discharge and Deed of Restriction of Standard Security I, A.B. (designation) in consideration of £ paid by C.D. (designation) (or, as the case may be), hereby discharge a standard security for £ (or a maximum sum of £; in other cases, describe as indicated in Note 2 to this Schedule) by the said C.D. (or by E.F.) in my favour (or in favour of G.H.) registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….) , but only to the extent of £ of principal; And I disburden of the said standard security (adding if necessary, but only to the extent of £ of principal) ALL and WHOLE (describe the subjects disburdened in the same way as directed in Note 1 to Schedule 2 to this Act in the case of a description of security subjects). Testing clause+ FORM E Variation of Standard Security [To be endorsed on the standard security] I, A.B. (designation), agree that the foregoing standard security granted by me (or by C,D.) in favour of E.F. registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….) (if there have been previous variations insert “as varied”) shall with effect from .................. be varied so that (here insert particulars of the variation agreed); And I, E.F. (designation) (or if the creditor is not the person in whose favour the standard security was granted say G.H. (designation) the creditor now in right of the said standard security) consent to the variation hereby effected. Testing clause+ FORM F Discharge of Standard Security Separate I, A.B. (designation), in consideration of £ (where the security is in respect of a maximum sum or of all sums due or to become due or is in respect of a personal obligation constituted in an instrument or instruments other than the standard security add being the whole amount secured by the standard security aftermentioned) paid by C.D., (designation) (or, as the case may be) hereby discharge a standard security for £ (or a maximum sum of £in other cases describe as indicated in Note 2 to this Schedule)by the said C.D. (or by E.F.) in my favour (or in favour of G.H.) registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on……. (adding if necessary,but only to the extent of £ of principal). Testing clause+ [To be endorsed on the standard security] As above save that instead of the words “a standard security for £ (or a maximum sum of £ in other cases describe as indicated in Note 2 to this Schedule)” insert “the foregoing standard security.” NOTES TO SCHEDULE 4 General Note 1.—Where the grantor of an assignation, discharge or deed of restriction of a standard security, or the creditor consenting to a variation of a standard security, is not the original creditor and has not a recorded title and the deed is to be recorded in the Register of Sasines, insert at the end of the deed a clause of deduction of title as follows: Which standard security (adding, if necessary, to the extent aforesaid or, as the case may be) was last vested in the said (give name of original creditor) as aforesaid (or where the last recorded title to the standard security was in favour of a person other than the original creditor say in J.K. whose title thereto was recorded in the said Register of Sasines on ..................) and from whom I acquired right by (here specify shortly the writ or writs by which right was so acquired). Where the grantor of an assignation, discharge or deed of restriction of a standard security, or the creditor consenting to a variation of a standard security, although not the original creditor, has a registered or recorded title, no specification of the title of the grantor or creditor is required. Note 2.—In an assignation, discharge or deed of restriction, (1) a standard security in respect of an uncertain amount may be described by specifying shortly the nature of the debt or obligation (e.g., all sums due or to become due) for which the security was granted, adding in the case of an assignation,to the extent of £ being the amount now due thereunderand (2) a standard security in respect of a personal obligation constituted in an instrument or instruments other than the standard security itself may be described by specifying shortly the nature of the debt or obligation and referring to the other instrument or instruments by which it is constituted in such manner as will be sufficient identification thereof. Note 3.—If the original title to a standard security has been completed otherwise than by registration of the security in the Land Register of Scotland or recording the security in the Register of Sasines, insert immediately after the word ““registered (or recorded)” the words along with notice of title thereon (adding, if such notice is not in favour of the original creditor, the name of the person in whose favour it is drawn). Note 4.—If part of the security subjects has already been disburdened, there may be inserted in an assignation, after the specification of the standard security assigned, a reference to the previous partial discharge or deed of restriction. Note 5.—The variation docket Form E of this Schedule shall be used only when the personal obligation or other matter to which the variation relates was contained in the standard security, or in a variation thereof which has been duly registered or recorded. Variations in a personal obligation or other matter constituted in an instrument or instruments which have not been so registered or recorded may be altered by an instrument in appropriate terms which shall not be required to be registered in the Land Register of Scotland or recorded in the Register of Sasines. Note 6.—Where the grantor of a variation docket does not have a recorded title to the security subjects and the deed is to be recorded in the Register of Sasines, insert at the end of the variation and immediately before the consent by the creditor a clause of deduction of title as follows:the security subjects to which the said standard security relates being last vested in (give the name of the person in whom the security subjects were last vested) whose title thereto was recorded in the said Register of Sasines on .................. and from whom I acquired right by (here specify the writ or writs by which such right was so acquired). +Note 7— In the case of a traditional document, subscription of it by the granter, or in the case of form E the granter and the consenter to the variation, will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995, which also makes provision as regards the authentication of an electronic document).
Propose a changeSection 18. FORM A NOTICE OF REDEMPTION OF STANDARD SECURITY To A.B. (address) TAKE NOTICE that on .................. (state date of repayment) C.D. (designation), will repay the sum of £ (or the whole amount due) secured by a standard security by the said C.D. (or by E.F.) in your favour (or in favour of G.H.) recorded in the Register for……on…….) Dated this .................. day of ........................ (To be signed by the debtor, or proprietor, or by his agent, who will add his designation and the words Agent of the said C.D.) In the case of a standard security for a non-monetary obligation this Form shall be adapted accordingly. FORM B I, A.B., above named, hereby acknowledge receipt of the Notice of Redemption of which the foregoing is a copy. Dated this ............ day of ........................ (To be signed by the creditor, or by his agent, who will add his designation and the words Agent of the said A.B.) FORM C Notice of Redemption, of which the foregoing is a copy, was posted (or otherwise, as the case may be) to A.B. above named on the .................. day of ........................ (To be signed by the debtor, or proprietor, or by his agent, who will add his designation and the wordsAgent of the said C.D.and if posted the postal receipt to be attached.) FORM D No. 1 Certificate of Consignation on Redemption of Standard Security where Discharge cannot be Obtained I, A.B. (designation) (solicitor) certify that consignation of the whole amount due under the standard security aftermentioned was made as after stated and was necessitated by reason of a discharge being unobtainable after due notice of redemption had been given. STANDARD SECURITY for £ (or a maximum of £; in other cases describe as indicated in Note 2 to Schedule 4 to this Act) by C.D. in favour of E.F. registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….) AMOUNT CONSIGNED £, being £ of principal, £ of interest and £ in respect of ascertained expenses. BANK IN WHICH CONSIGNED (specify bank or branch of bank with address, in which above amount consigned) conform to deposit receipt dated .................. in name of the person appearing to have the best right thereto (specifying his name and designation if known) (or if he is only a partial creditor sayto the extent of £ ). Testing clause+ +Note— In the case of a traditional document, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 , which also makes provision as regards the authentication of an electronic document). No. 2 Certificate of Declarator of Performance of Debtor’s Obligations under Standard Security where Discharge cannot be obtained I, A.B. (designation) (solicitor) certify that a decree of declarator of performance of the obligations of the debtor under the standard security aftermentioned was pronounced as after stated and was necessitated by reason of a discharge being unobtainable after due notice of redemption had been given. STANDARD SECURITY by C.D. in favour of E.F. registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….) DECREE OF DECLARATOR by the Sheriff of .................. at .................. in the application of the said C.D. (or J.K. (designation), who is now the debtor (or the proprietor of the interest in land contained) in the said standard security.) Testing clause+ +Note— In the case of a traditional document, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 , which also makes provision as regards the authentication of an electronic document ).
Propose a changeSections 19 and 21. FORM BB NOTICE TO OCCUPIER To the Occupier (address) A Notice of Calling-up of a standard security/ Default under a standard security (delete as appropriate) has been served by C.D. on A.B. in relation to (address of subjects). A copy of the notice is attached. If you are a tenant of A.B., in certain circumstances C.D. cannot take possession of the property without a court order. You should obtain legal advice about your rights as a tenant. You may be eligible for legal aid depending on your circumstances, and you can get information about legal aid from a solicitor. You may also be able to get advice from any Citizens Advice Bureau or from other advice agencies. If you are the spouse or partner of A.B., the Mortgage Rights (Scotland) Act 2001 gives you the right in certain circumstances to apply to the court to suspend the rights of C.D. You have two months (which may be shortened only with your consent) to make an application. The court will have regard in particular to— (for a Notice of Calling-up) the circumstances giving rise to the service of the Notice of Calling-up, your ability to comply with the notice, any action taken by C.D. to assist the debtor in the standard security to fulfil the obligations under it and the ability of you and anyone else residing at the property to find reasonable alternative accommodation. (for a Notice of Default) the nature of and reasons for the default, your ability to fulfil the obligations under the standard security, any action taken by C.D. to assist the debtor in the standard security to fulfil those obligations and the ability of you and anyone else residing at the property to find reasonable alternative accommodation. (delete as appropriate) If you wish to make such an application, you should consult a solicitor. You may be eligible for legal aid depending on your circumstances, and you can get information about legal aid from a solicitor. You may also be able to get advice, including advice about how to manage debt, from any Citizens Advice Bureau or from other advice agencies. Dated (Signature of C.D., or signature and designation of C.D.’s agent followed by the words Agent of C.D.) FORM C I, A.B., above named, hereby acknowledge receipt of the foregoing Notice of (Calling-up), (Default) of which the foregoing is a copy of the notice adding where appropriate “and I agree to the period of notice being dispensed with (or shortened to ..................).” Dated this .................. day of ........................ (To be signed by the person on whom notice is served, or by his agent, who will add his designation and the words Agent of the said A.B.). FORM D Notice of (Calling-up) (Default), of which the foregoing is a copy, was posted (or otherwise, as the case may be) to A.B. above named on the .................. day of ........................ (To be signed by the creditor, or by his agent, who will add his designation and the wordsAgent of the said C.D.and if posted the postal receipt to be attached.) FORM F To the Occupier (address) C.D. (designation) has applied to the court under section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 for warrant to exercise in relation to (address of security subjects) remedies to which he is entitled on the default of A.B. (designation) in the performance of his obligations under a standard security over (address of subjects). A copy of the application is attached. If you are a tenant of A.B. (or, if A.B. is not the proprietor of the subjects, of E.F. (being the proprietor)), in certain circumstances C.D. cannot take possession of the property without a court order. You should obtain legal advice about your rights as a tenant. You may be eligible for legal aid depending on your circumstances, and you can get information about legal aid from a solicitor. You may also be able to get advice from any Citizens Advice Bureau or from other advice agencies. If you are the spouse or partner of A.B., the Mortgage Rights (Scotland) Act 2001 gives you the right in certain circumstances to apply to the court to suspend the rights of C.D. The court will have regard in particular to the nature of and reasons for the default, your ability to fulfil the obligations under the standard security, any action taken by C.D. to assist the debtor in the standard security to fulfil those obligations and the ability of you and anyone else residing at the property to find reasonable alternative accommodation. If you wish to make such an application, you should consult a solicitor. You may be eligible for legal aid depending on your circumstances, and you can get information about legal aid from a solicitor. You may also be able to get advice, including advice about how to manage debt, from any Citizens Advice Bureau or from other advice agencies. Dated (Signature of C.D., or signature and designation of C.D.’s agent followed by the words Agent of C.D.)
Propose a changeSections 22 and 24. 1 A certificate which is lodged in court by the creditor for the purposes of section 22 or 24 of this Act shall contain the information required by the following provisions of this Schedule. 2 A certificate shall state— (i) the name and address of the creditor and shall specify the standard security in respect of which the default is alleged to have occurred by reference to the original creditor and debtor therein and to the particulars of its registration; (ii) the nature of the default with full details thereof. 3 The certificate shall be signed by the creditor or his solicitor, and a certificate which does not comply w1th the foregoing requirements of this Schedule shall not be received in evidence for the purposes ofthe said section 22 or 24.
Propose a changeSection 32. The Debts Securities (Scotland) Act 1856 1 Section 7 (Securities for cash accounts or credits). Registration of Long Leases (Scotland) Act 1857 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 6 (Translation of assignations in security and creditor’s entry on possession in default of payment), so far as relating to such a translation. 5 Section 13 (Renunciations and discharges to be recorded) so far as affecting discharges. 6 Section 20 (Interpretation of clauses in Schedules). The Titles to Land Consolidation (Scotland) Act 1868 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 138 (Use of short clauses of consent to registration). Conveyancing (Scotland) Act 1874 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Heritable Securities (Scotland) Act 1894 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 15 (Jurisdiction of sheriff). The Conveyancing (Scotland) Act 1924 25 Section 24 (Assimilation of forms for registered leases). 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Section 42 (Mode of disburdening land sold by creditor under power of sale).
Propose a changeSection 40. I, A.B., (designation) hereby acknowledge that [the disposition (or assignation) granted by C.D., (designation) (or by E.F., (designation) with consent of C.D., (designation)) in my favour (or in favour of G.H., (designation of original creditor)) recorded in the Register for ........................ on ........................] [or, where endorsed on the disposition or assignation,the foregoing disposition (or assignation)] [describe security discharged by reference to the parties thereto and to the details of its recording] although in its terms ex facie absolute was truly in security of an advance of £ (or a maximum amount of £ in other cases describe as indicated in Note 2 to Schedule 4 to this Act), and that all moneys intended to be secured thereby have been fully paid. Testing clause+ NOTES TO SCHEDULE 9 Note 1.—The discharge may be separate or endorsed on the ex facie absolute disposition or assignation. Note 2.—Where the grantor of the discharge is not the original creditor, the separate form of discharge shall be used. Note 3.—Where the grantor of the discharge is not the original creditor but has a recorded title, no specification of the grantor’s title is required. Where the grantor of the discharge is not the original creditor and has not a recorded title, insert at the end of the discharge a clause of deduction of title as follows: The subjects conveyed by the said disposition (or otherwise, as the case may be)were last vested in the said G.H. as aforesaid (or, where the last recorded title to the subjects was in favour of a person other than the original creditor, say in J.K. whose title thereto was recorded in the said Register of Sasines on ..................) and from whom I acquired right by (here specify shortly the writ or writs by which right was so acquired). +Note 4— In the case of a traditional document, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 , which also makes provision as regards the authentication of an electronic document).
Propose a changeSections 47 and 52. Part I Amendments Affecting Specification of Title The Registration of Leases (Scotland) Act 1857 1 In Schedule (H), in the footnote, for the words “here state his title and date of recording the same” there shall be substituted the words “ name and design original creditor ”. The Conveyancing (Scotland) Act 1924 2 In Schedule J, in Note 2, for the words from “insert” to the end there shall be substituted the words “ no specification of the granter’s title is required. ”. 3 In Schedule K, in Note 2, for the words from “insert” to “say” (where the word first occurs) there shall be substituted the words “ no specification of the granter’s title is required; or if such granter has not a recorded title, insert at the end of the deedWhich bond and disposition in security (adding, if necessary,to the extent aforesaid or as the case may be) ”. Part II Other Amendments The Conveyancing (Scotland) Act 1924 4 In Schedule I, in the note, before the words “the prior pages thereof” there shall be inserted the words “ (in the case of a will or other testamentary writing) ”. The Land Compensation (Scotland) Act 1963 5 In section 10, for the words “Lord President of the Court of Session” there shall be substituted the words “ Secretary of State ”.
Propose a changeSection 47, 48 and 52. Part I Repeals affecting specification of title Chapter | Short title | Extent of Repeal 1857 c.26. | The Registration of Leases (Scotland) Act 1857. | In Schedule (A), the words “[and (when the assigner is not the grantee in the lease) my title to which is recorded in the said register, of date ]”. In Schedule (B), the words “and [where cedent not the original lessee] my title to which is registered therein [date of recording]”. In Schedule (D), the words “[and (if the granter is not the assignee in said bond) my title to which bond and assignation in security is recorded in the said register(date of recording]”. In Schedule (G), the words “and [where the party renouncing not the original lessee] my title to which is recorded in the said register on [date]”. Part II Repeals relating to assignations of unrecorded conveyances etc. Chapter | Short Title | Extent of Repeal 1868 c.101. | The Titles to Land Consolidation (Scotland)Act 1868. | Section 22. Schedule (M). 1924 c.27. | The Conveyancing (Scotland) Act 1924. | Section 7. In section 10(4), the words “along with a separate assignation or separate assignations, or” and the words “on such separate assignation or on the last in date of such separate assignations or”. In section 24, in paragraph (1), the words in brackets. In Schedule B, Note 5. Schedule C. In Schedule F, Note 4, and in Note 5, the words “(with the assignation or assignations, if any, endorsed thereon)”, the words “a separate assignation or separate assignations, or along with”, the words “such separate assignation or on the last date of such separate assignations or on”, and the words “adding, if required, and assignation (or assignations)”. Part III Other repeals Chapter | Short Title | Extent of Repeal 1857 c. 26. | The Registration of Leases (Scotland) Act 1857. | In section 15, the words from “and extracts of all such writs” to the end of the section. 1868 c. 101. | The Titles to Land Consolidation (Scotland) Act 1868. | In section 142, the words from “and extracts of all such conveyances” to the end of the section. 1924 c. 27. | The Conveyancing (Scotland) Act 1924. | In section 16, subsections (3) and (4). 1925 c. 33. | The Church of Scotland (Property and Endowments) Act 1925. | In section 37, the words from “Provided that” to “either party”. 1949 c. 42. | The Lands Tribunal Act 1949. | In section 8(3), the words from “and the Statutory Instruments Act 1946” to the end of the subsection. 1966 c. 49. | The Housing (Scotland) Act 1966. | Section 189.
Propose a change