Heritable Securities (Scotland) Act 1894
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Change 1
5C Application to court by entitled residents
(1) An entitled resident may, in proceedings on an application to which section 5A applies, apply to the court to continue the proceedings or make any other order that the court thinks fit, despite not being called as a defender in the application. (2) In determining an application under subsection (1) of this section the court is to have regard in particular to the matters set out in subsection (7) of section 5A, reading the first reference to the debtor in paragraph (b) as including a reference to the entitled resident. (3) Subsection (2) does not affect— (a) any power that the court may have, or (b) any rights that an entitled resident may have, under any other enactment or rule of law.
5C Application to court by entitled residents
(1) An entitled resident may, in proceedings on an application to which section 5A applies, apply to the court to continue the proceedings or make any other order that the court thinks fit, despite not being called as a defender in the application. (2) In determining an application under subsection (1) of this section the court is to have regard in particular to the matters set out in subsection (7) of section 5A, reading the first reference to the debtor in paragraph (b) as including a reference to the entitled resident. (3) Subsection (2) does not affect— (a) any power that the court may have, or (b) any rights that an entitled resident may have, under any other enactment or rule of law.
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