Heritable Securities (Scotland) Act 1894
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Change 1
13 Provisions of Act to have effect notwithstanding incapacity of debtor. Trustees and others to have powers conferred by Act.
The rights and powers under a heritable security may be exercised by any creditor, although the debtor or any other creditor holding a security over the same lands, or other person to whom intimation may require or be ordered to be given is subject to any legal disability by reason of nonage or otherwise, and any action or proceeding by a creditor in exercise of those rights and powers shall have the same force and effect as it would have had if the debtor, proprietor, other creditor, or other person had been of full age and not subject to any legal incapacity when such action or proceeding was taken; and— (a) any person entitled, within the meaning of Part I of the Children (Scotland) Act 1995, to act as the legal representative of a child; and (b) trustees (c) the person entitled to act as the legal representative of any such person, executors, . . ., guardians judicial factors, and other officers of court may exercise all or any of the powers conferred by this Act.
13 Provisions of Act to have effect notwithstanding incapacity of debtor. Trustees and others to have powers conferred by Act.
The rights and powers under a heritable security may be exercised by any creditor, although the debtor or any other creditor holding a security over the same lands, or other person to whom intimation may require or be ordered to be given is subject to any legal disability by reason of nonage or otherwise, and any action or proceeding by a creditor in exercise of those rights and powers shall have the same force and effect as it would have had if the debtor, proprietor, other creditor, or other person had been of full age and not subject to any legal incapacity when such action or proceeding was taken; and— (a) any person entitled, within the meaning of Part I of the Children (Scotland) Act 1995, to act as the legal representative of a child; and (b) trustees (c) the person entitled to act as the legal representative of any such person, executors, . . ., guardians judicial factors, and other officers of court may exercise all or any of the powers conferred by this Act.
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