Amendment of the Ordinary Cause Rules3

1

The Ordinary Cause Rules are amended in accordance with the following subparagraphs.

2

In rule 6.A4(1) (recall etc. of arrestment or inhibition)15

a

the existing rule becomes paragraph (1);

b

after paragraph (1), insert—

2

A motion under paragraph (1) shall—

a

specify the name and address of each of the parties;

b

where it relates to an inhibition, contain a description of the inhibition including the date of registration in the Register of Inhibitions and Adjudications.

3

After Chapter 50 (lodging audio or audio-visual recordings of children)16, insert—

CHAPTER 51LAND REGISTRATION ETC.

Interpretation of this Chapter51.1

In this Chapter—

  • “the 2012 Act” means the Land Registration etc. (Scotland) Act 201217;

  • “plot of land” has the meaning given by section 3(4) and (5) of the 2012 Act;

  • “proprietor” has the meaning given by section 113(1) of the 2012 Act.

Applications under Part 6 of the 2012 Act51.2

1

An application under section 67(2) (warrant to place a caveat) of the 2012 Act shall be made by motion.

2

The motion shall—

a

identify, by reference to section 67(1) of the 2012 Act, the type of civil proceedings constituted by the action;

b

in respect of each plot of land, contain—

i

a description of the registered plot of land;

ii

the title number; and

iii

the name and address of the proprietor;

c

where the caveat is to apply only to part of a plot of land, be accompanied by a plan indicating the part so affected.

3

An application under the following provisions of the 2012 Act shall be made by motion—

a

section 69(1) (renewal of caveat);

b

section 70(1) (restriction of caveat);

c

section 71(1) (recall of caveat).

Form of orders under Part 6 of the 2012 Act51.3

1

An order under section 67(3) or 69(2) of the 2012 Act shall be in Form 51.3-A.

2

An order under section 70(2) of the 2012 Act shall be in Form 51.3-B.

3

An order under section 71(2) of the 2012 Act shall be in Form 51.3-C.

Effect of warrant to place or renew caveat51.4

A certified copy of an order in Form 51.3-A may be registered in the Register of Inhibitions and Adjudications.

Form of order for rectification of a document51.5

An order for rectification under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 198518 in respect of a document which has been registered in the Land Register of Scotland shall be in Form 51.5.

4

In Appendix 1, after Form 49.11-H (form of certificate of execution of arrestment of ship or cargo on the dependence), insert the Forms set out in Schedule 2 to this Act of Sederunt.