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.