Heritable Securities (Scotland) Act 1894 (c. 44)

1. Introductory Text

2. 1. Short title.

3. 2. †Extent and commencement of Act.

4. 3. Tenants need not be parties to actions of maills and duties.

5. 4. Power to interpel security holder.

6. 5. Power to eject proprietor in personal occupation.

7. 5A. Court powers on section 5 proceedings relating to residential property

8. 5B. Section 5 proceedings relating to residential property: pre-action requirements

9. 5C. Application to court by entitled residents

10. 5D. Entitled residents: definition

11. 5E. Recall of decree

12. 5F. Lay representation in section 5 proceedings relating to residential property etc.

13. 6. Power to lease security subjects for seven years or under.

14. 7. Sheriff may grant power to lease security subjects for longer periods, not more than 21 years for heritable property in general, and 31 years for minerals.

15. 8. Provisions for security holders becoming proprietors of security subjects.

16. 9. Completion of title of security holders. Personal obligation of debtor to remain so far as not extinguished by price.

17. 10. Purchaser’s title indefeasible.

18. 11. Sheriff may grant power to pari passu security holder to sell pari passu security.

19. 12. Provisions anent procedure.

20. 13. Provisions of Act to have effect notwithstanding incapacity of debtor. Trustees and others to have powers conferred by Act.

21. 14. Security holders under Registration of Leases Act to have same powers as security holders.

22. 15. Sheriff to have jurisdiction whatever value of lands.

23. 16. Provisions as to notice where debtor has died and heir cannot be ascertained.

24. 17. Rights under existing law reserved.

25. 18. Interpretation clause.

26. 19. Saving as to rights of Crown.

27. SCHEDULES

    1. SCHEDULE (A)

    2. SCHEDULE (B)

    3. SCHEDULE (C)

    4. SCHEDULE (D)

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