Conveyancing and Feudal Reform (Scotland) Act 1970

Cited authorities 34

Cited in

Amendments 528

Jurisdiction	UK Non-devolved
Citation	1970 c. 35

Contenidos

Conveyancing and Feudal Reform (Scotland) Act 1970
PART I: Feudal Reform

Variation and discharge of land obligations

1: Variation and discharge of land obligations.
2: Provisions supplementary to section 1.

Allocation of feuduties, etc.

3: Allocation of feuduties.
4: Applications to Lands Tribunal regarding allocation of feuduties.
5: Provisions supplementary to sections 3 and 4.
6: Allocation of ground annuals.

Provisions for contracting out of sections 1 to 6 to be void

7: Provisions for contracting out of sections 1 to 6 void.

Reduction of period of positive prescription

8: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II: The Standard Security

9: The standard security.

10: Import of forms of, and certain clauses in, standard security.

11: Effect of registered or recorded standard security, and incorporation of standard conditions.

12: Standard security may be granted by person uninfeft.

13: Ranking of standard securities.

14: Assignation of standard security.

15: Restriction of standard security.

16: Variation of standard security.

17: Discharge of standard security.
18: Redemption of standard security.

19: Calling-up of standard security.

19A: Notice to occupier of calling-up

19B: Notice to local authority of calling-up

20: Exercise of rights of creditor on default of debtor in complying with a calling-up notice.

21: Notice of default.

22: Objections to notice of default.

23: Rights and duties of parties after service of notice of default to which objection is not taken, or where the notice is not set aside.

23A: Voluntary surrender of residential property following calling-up notice or notice of default

24: Application by creditor to court for remedies on default.

24A: Section 24(1B) proceedings: pre-action requirements

24B: Section 24(1B) applications: application to court by entitled residents

24C: Entitled residents: definition

24D: Section 24(1B) proceedings: recall of decree

24E: Lay representation in section 24(1B) proceedings etc.

25: Exercise of power of sale.
26: Disposition by creditor on sale.

27: Application of proceeds of sale.

28: Foreclosure.

29: Procedure.

30: Interpretation of Part II.

31: Saving.
32: Application of enactments.

Part III: Provisions as to Heritable Securities

33: Form of notice calling-up heritable security.
34: Amendment of s. 34 of Act of 1924.
35: Power of creditor in bond and disposition in security to sell to include power to sell by private bargain.
36: Alteration of periods during which sale of land held in security is to be advertised.
37: Amendment of s. 40 of Act of Act of 1924.: Section 40 of the Act of 1924 (exposure in lots and apportionment of feu-duty etc.) shall be amended as follows—

38: Amendment of s. 41 of Act of 1924.
39: Amendment of s. 8 of Act of 1894.
40: Discharge of heritable security constituted byex facieabsolute conveyance.

41: Restriction on effect of reduction of certain discharges of securities.

42: Extension of s. 13 to certain existing forms of heritable securities.
43: Interpretation of Part III.

Part IV: Other Conveyancing Reforms

44: Alteration of rules as to probative deeds.
45: Status of sasine extracts.
46: Effect of conditions as to pre-emption.

47: Abolition of requirement to specify granter’s title in certain deeds.
48: Abolition of forms of assignation of unrecorded conveyances, etc., and of completion of title by recording of such assignations.

Part V: Miscellaneous

49: Abolition of heritor’s right of pre-emption of glebe.
50: Amendment of Lands Tribunal Act 1949.

Part VI: General

51: Application to Crown.
52: Saving, amendment and repeal.

53: Interpretation.

54: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1

SCHEDULE 2 Sections 9 and 10.
Forms of Standard Security

Form A
Form B
NOTES TO SCHEDULE 2

SCHEDULE 3 Section 11.
The Standard Conditions

Interpretation

SCHEDULE 4 Sections 14, 15, 16 and 17.
Forms of Deeds of Assignation, Restriction, &c.

FORM A: Assignation of Standard Security
FORM B
FORM C: Restriction of Standard Security
FORM D: Combined Partial Discharge and Deed of Restriction of Standard Security
FORM E: Variation of Standard Security
FORM F: Discharge of Standard Security
NOTES TO SCHEDULE 4

SCHEDULE 5 Section 18.
Procedures as to Redemption

FORM A: NOTICE OF REDEMPTION OF STANDARD SECURITY
FORM B
FORM C
FORM D

SCHEDULE 6 Sections 19 and 21.
Procedures as to Calling-up and Default

FORM BB: NOTICE TO OCCUPIER
FORM C
FORM D
FORM F

SCHEDULE 7 Sections 22 and 24.
Contents of Certificate Stating a Default

SCHEDULE 8 Section 32.
Excluded Enactments

The Debts Securities (Scotland) Act 1856
Registration of Long Leases (Scotland) Act 1857
The Titles to Land Consolidation (Scotland) Act 1868
Conveyancing (Scotland) Act 1874
The Heritable Securities (Scotland) Act 1894
The Conveyancing (Scotland) Act 1924

SCHEDULE 9 Section 40.
Discharge of Heritable Security Constituted by Ex Facie Absolute Conveyance

NOTES TO SCHEDULE 9

SCHEDULE 10 Sections 47 and 52.
Minor and Consequential Amendments

Part I: Amendments Affecting Specification of Title
Part II: Other Amendments

SCHEDULE 11 Section 47, 48 and 52.
Enactments Repealed

Part I: Repeals affecting specification of title
Part II: Repeals relating to assignations of unrecorded conveyances etc.
Part III: Other repeals

Conveyancing and Feudal Reform (Scotland) Act 1970

1970 c.35

An Act to provide as respects Scotland for the variation and discharge of certain obligations relating to land; to facilitate the allocation of feuduties and ground annuals; to reduce the period of positive prescription of 20 years to 10 years; to provide for a new form of heritable security; to make certain amendments to the existing law relating to heritable securities; to make certain other amendments to the law relating to conveyancing; to abolish the rights of pre-emption of heritors in respect of glebes; to amend the Lands Tribunal Act 1949; and for connected purposes.

[29th May 1970]

PART I: Feudal Reform

Variation and discharge of land obligations

1: Variation and discharge of land obligations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2: Provisions supplementary to section 1.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allocation of feuduties, etc.

3: Allocation of feuduties.

...

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Conveyancing and Feudal Reform (Scotland) Act 1970

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