Conveyancing and Feudal Reform (Scotland) Act 1970

Schedule 1 Land obligations not subject to variation or discharge under section 1

1 An obligation to pay feuduty, ground annual, rent, skat, dry multure, teind, stipend, standard charge or other payment of a like nature, or an obligation of relief relating to any such payment.

2 An obligation, however constituted, relating to the right to work minerals or to any ancillary right in relation to minerals within the meaning of section 2 of the Mines (Working Facilities and Support) Act 1966.

3 An obligation imposed by or on behalf of the Crown for the protection of any royal park, garden or palace.

4 An obligation created or imposed—

(i) for naval, military or air force purposes;

(ii) for civil aviation purposes under the powers conferred by section 19 or 23 of the Civil Aviation Act 1949 or any enactment replaced thereby:

Provided that this paragraph—

(i) shall exclude the application of section 1 of this Act to an obligation falling within sub-paragraph (i) above, and not created or imposed in connection with the use of any land as an aerodrome, only so long as the obligation is enforceable by or on behalf of the Crown; and

(ii) shall exclude the application of section 1 of this Act to an obligation falling within sub-paragraph (ii) above, or created or imposed in connection with the use of any land as an aerodrome, only so long as the obligation is enforceable by or on behalf of the Crown or any public or international authority.

5 An obligation created or imposed in or in relation to a lease of—

(a) an agricultural holding, within the meaning of the Agricultural Holdings (Scotland) Act 1949;

(b) a holding, within the meaning of the Small Landholders (Scotland) Acts 1886 to 1931; or

(c) a croft, within the meaning of the Crofters (Scotland) Act 1955.

Schedule 2 Forms of Standard Security

Form A [To be used where the personal obligation is included in the deed] I, A.B. (designation), hereby undertake to pay to CD. (designation), the sum of £ ______(or a maximum sum of £ _______ )(or all sums due and that may become due by me to the said CD. in respect Of__________ (here specify the matter for which the undertaking is granted)) with interest from _________________ (or from the respective times of advance) at ___________ per centum per annum (or otherwise as the case may be) (annually, half-yearly, or otherwise as the case may be) on _____________________in each year commencing on _______________; For which I grant a standard security in favour of the said CD. over All and Whole (here describe the security subjects as indicated in Note 1 here(a): The standard conditions specified in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970, and any lawful variation thereof operative for the time being, shall apply: And I grant warrandice: And I consent to registration for execution. [To be attested] Form B [To be used where the personal obligation is constituted in a separate instrument or instruments] I, A.B. (designation) hereby in security of (here specify the nature of the debt or obligation in respect of which the security is given and the instruments) by which it is constituted in such manner as will identify these instruments) grant a standard security in favour of CD. (designation) over All and Whole (here describe the security subjects as indicated in Note 1 hereto): The standard conditions specified in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970, and any lawful variation thereof operative for the time being, shall apply: And I grant warrandice. [To be attested] NOTES TO SCHEDULE 2 Note 1.—The security subjects shall be described by means of a particular description or by reference to a description thereof as in Schedule D to the Conveyancing (Scotland) Act 1924 or as in Schedule G to the Titles to Land Consolidation (Scotland) Act 1868. Where the security subjects consist of an interest in land, other than ownership of the land, amend the description appropriately, e.g. a ground annual of £ constituted by a contract of ground annual (or other deed by which the ground annual was constituted) (giving the names of the parties thereto or of the grantor and grantee),

recorded in the Register for_________________ on _____________________ payable out of the subjects therein described lying in the county of _______________ (or in the burgh of ______________and county of _____________.), adding if necessary, but only to the extent of_____________________; or a lease (or tack) (giving the names of the parties thereto) of the subjects therein described lying in the county of._____________________.(or in the burgh of______________. and county of ____________________) recorded in the Register for ____________________. on ____________________. adding if necessary,

but only to the extent of__________________. Note 2.—Where the grantor has not a recorded title to the security subjects, insert after the description thereof a clause of deduction of title as follows :—Which subjects (or ground annual or lease (or tack) or, as the case may be) were last vested (or are part of the subjects last vested) in E.F. whose title thereto was recorded in the Register for .___________________. (or the said Register of Sasines) on________________________ (or, if the last infeftment has already been mentioned, say in the said E.F. as aforesaid), and from whom I acquired right by (here specify shortly the writ or writs by which that right was so acquired). Note 3.—Where the grantor of a standard security has granted a conveyance ex facie absolute of the security subjects, or any part thereof, that conveyance shall be referred to in accordance with Note 5 to this Schedule. In any such case:—(a) where the grantor has been infeft in the security subjects, no clause of deduction of tide is required in die standard security, (b) where the grantor has not previously been infeft in the security subjects but has right thereto by virtue of an unrecorded title insert in the standard security after the description of the security subjects a clause of deduction of title as follows.—Which subjects (or ground annual or lease (or tack) or, as the case may be) were formerly vested in (or are part of the subjects formerly vested in) (give name of person last infeft in the subjects before the grantor acquired right thereto) whose title thereto was recorded in the Register for _________________(or the said Register of Sasines) on ___________________(or if such infeftment has already been mentioned say in the said__________________ as aforesaid) and from whom I acquired right by (here specify shortly the writ or writs by which that right was so acquired). Note 4.—Where it is desired to vary any of the standard conditions contained in Schedule 3 to this Act, such variations shall be effected either by an instrument or instruments other than the standard security, and any such instrument shall not require to be recorded in the Register of Sasines or by inserting in the standard security after the description of the security subjects (and after the clause of deduction of title, if any) And I agree that the standard conditions shall be varied to the effect that (here insert particulars of the variations desired). (As regards future variations, see section 16 of, and Form E and Notes 5 and 6 in Schedule 4 to, this Act). Note 5.—Where the security subjects are burdened by any other standard security or heritable security, or by any security by way of ex facie absolute conveyance which ranks prior to the standard security which is being granted, insert imediately before the clause of warrandice the following:—But the security hereby granted is subject to (here specify any deed by which such preferable rights were created and any deed modifying or altering such rights), and amend the clause of warrandice to read And, subject as aforesaid, 1 grant warrandice. Where the standard security is to rank prior or postponed to, or pari passu with, any other existing heritable security or any other standard security, a ranking clause may be inserted in appropriate terms immediately prior to the warrandice clause, and the warrandice clause shall, where necessary, be qualified accordingly. Note 6.—Where a standard security is granted in Form A for a fluctuating or uncertain amount, provisions for ascertaining the amount due at any time may be inserted immediately prior to the clause of granting of the security, and the registration clause shall, where necessary, be amended accordingly. Note 7.—In the case of a standard security for a non-monetary obligation, the forms in this Schedule shall be adapted as appropriate.

Schedule 3 The Standard Conditions

1 It shall be an obligation on the debtor—

(a) to maintain the security subjects in good and sufficient repair to the reasonable satisfaction of the creditor ;

(b) to permit, after seven clear days notice in writing, the creditor or his agent to enter upon the security subjects at all reasonable times to examine the condition thereof;

(c) to make all necessary repairs and make good all defects in pursuance of his obligation under head (a) of this condition within such reasonable period as the creditor may require by notice in writing.

2 It shall be an obligation on the debtor—

(a) to complete, as soon as may be practicable, any unfinished buildings and works forming part of the security subjects to the reasonable satisfaction of the creditor ;

(b) not to demolish, alter or add to any buildings or works forming part of the security subjects, except in accordance with the terms of a prior written consent of the creditor and in compliance with any consent, licence or approval required by law ;

(c) to exhibit to the creditor at his request evidence of that consent, licence or approval.

3 It shall be an obligation on the debtor—

(a) to observe any condition or perform any obligation in respect of the security subjects lawfully binding on him in relation to the security subjects ;

(b) to make due and punctual payment of any ground burden, teind, stipend, or standard charge, and any rates, taxes and other public burdens, and any other payments exigible in respect of the security subjects ;

(c) to comply with any requirement imposed upon him in relation to the security subjects by virtue of any enactment.

4 It shall be an obligation on the debtor—

(a) where he has received any notice or order, issued or made by virtue of the Town and Country Planning (Scotland) Acts 1947 to 1969 or any amendment thereof, or any proposal so made for the making or issuing of any such notice or order, or any other notice or document affecting or likely to affect the security subjects, to give to the creditor, within fourteen days of the receipt of that notice, order or proposal, full particulars thereof ;

(b) to take, as soon as practicable, all reasonable or necessary steps to comply with such a notice or order or, as the case may be, duly to object thereto ;

(c) in the event of the creditor so requiring, to object or to join with the creditor in objecting to any such notice or order or in making representations against any proposal therefor.

5 It shall be an obligation on the debtor—

(a) to insure the security subjects or, at the option of the creditor, to permit the creditor to insure the security subjects in the names of the creditor and the debtor to the extent of the market value thereof against the risk of fire and such other risks as the creditor may reasonably require;

(b) to deposit any policy of insurance effected by the debtor for the aforesaid purpose with the creditor;

(c) to pay any premium due in respect of any such policy,

and, where the creditor so requests, to exhibit a receipt therefor not later than the fourteenth day after the renewal date of the policy ;

(d) to intimate to the creditor, within fourteen days of the occurrence, any occurrence which may give rise to a claim under the policy, and to authorise the creditor to negotiate the settlement of the claim;

(e) without prejudice to any obligation to the contrary enforce able against him, to comply with any reasonable requirement of the creditor as to the application of any sum received in respect of such a claim ;

(f) to refrain from any act or omission which would invalidate the policy.

6 It shall be an obligation on the debtor not to let, or agree to let, the security subjects, or any part thereof, without the prior consent in writing of the creditor, and " to let" in this condition includes to sub-let.

7 (1) The creditor shall be entitled to perform any obligation imposed by the standard conditions on the debtor, which the debtor has failed to perform.

(2) Where it is necessary for the performance of any obligation as aforesaid, the creditor may, after giving seven clear days notice in writing to the debtor, enter upon the security subjects at all reasonable times.

(3) AH expenses and charges (including any interest thereon), reasonably incurred by the creditor in the exercise of a right conferred by this condition, shall be recoverable from the debtor and shall be deemed to be secured by the security subjects under the standard security, and the rate of any such interest shall be the rate in force at the relevant time in respect of advances secured by the security, or, where no such rate is prescribed, shall be the bank rate in force at the relevant time.

8 The creditor shall be entitled, subject to the terms of the security and to any requirement of law, to call-up a standard security in the manner prescribed by section 19 of this Act.

9 (1) The debtor shall be held to be in default in any of the following circumstances, that is to say—

(a) where a calling-up notice in respect of the security has been served and has not been complied with ;

(b) where there has been a failure to comply with any other requirement arising out of the security ;

(c) where the proprietor of the security subjects has become insolvent.

(2) For the purposes of this condition, the proprietor shall be taken to be insolvent if—

(a) he has become notour bankrupt, or he has executed a trust deed for behoof of, or has made a composition contract or arrangement with, his creditors ;

(b) he has died and a judicial factor has been appointed under section 163 of the Bankruptcy (Scotland) Act 1913 to divide his insolvent estate among his creditors, or an order has been made for the administration of his estate according to the law of bankruptcy under section 130 of the Bankruptcy Act 1914, or by virtue of an order of the Court his estate is being administered in accordance with the rules set out in Part I of Schedule 1 to the Administration of Estates Act 1925 ;

(c) where the proprietor is a company, a winding-up order has been made with respect to it, or a resolution for voluntary winding-up (other than a members' voluntary winding-up) has been passed with respect to it, or a receiver or manager of its undertaking has been duly appointed, or possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge.

10 (1) Where the debtor is in default, the creditor may, without prejudice to his exercising any other remedy arising from the contract to which the standard security relates, exercise, in accordance with the provisions of Part II of this Act and of any other enactment applying to standard securities, such of the remedies specified in the following sub-paragraphs of this standard condition as he may consider appropriate.

(2) He may proceed to sell the security subjects or any part thereof.

(3) He may enter into possession of the security subjects and may receive or recover feuduties, ground annuals or, as the case may be, the rents of those subjects or any part thereof.

(4) Where he has entered into possession as aforesaid, he may let the security subjects or any part thereof.

(5) Where he has entered into possession as aforesaid there shall be transferred to him all the rights of the debtor in relation to the granting of leases or rights of occupancy over the security subjects and to the management and maintenance of those subjects.

(6) He may effect all such repairs and may make good such defects as are necessary to maintain the security subjects in good and sufficient repair, and may effect such reconstruction, alteration and improvement on the subjects as would be expected of a prudent proprietor to maintain the market value of the subjects, and for the aforesaid purposes may enter on the subjects at all reasonable times.

(7) He may apply to the court for a decree of foreclosure.

11 (1) The debtor shall be entitled to exercise his right of redemption under this Act on giving two months' notice of his intention so to do, being a notice in writing (hereinafter referred to as a " notice of redemption ").

(2) Nothing in the provisions of the foregoing sub-paragraph shall preclude a creditor from waiving the necessity for a notice of redemption, or from agreeing to a period of notice of less than two months.

(3) (a) A notice of redemption may be delivered to the creditor or sent by registered post or recorded delivery to him at his last known address, and an acknowledgment signed by the creditor or his agent or a certificate of postage by the person giving the notice accompanied by the postal receipt shall be sufficient evidence of such notice having been given.

(b) If the address of the creditor is not known, or if the packet containing the notice of redemption is returned to the sender with intimation that it could not be delivered, a notice of redemption may be sent to the Extractor of the Court of Session and an acknowledgment of receipt by him shall be sufficient evidence of such notice having been given.

(c) A notice of redemption sent by post shall be held to have been given on the day next after the day of posting.

(4) When a notice of redemption states that a specified amount will be repaid, and it is subsequently ascertained that the whole amount due to be repaid is more or less than the amount specified in the notice, the notice shall nevertheless be effective as a notice of repayment of the amount due as subsequently ascertained.

(5) On payment of the whole amount due, or on performance of the whole obligations of the debtor under the contract to which the security relates, the creditor shall grant a discharge in the terms prescribed in section 17 of this Act.

12 The debtor shall be personally liable to the creditor for the whole expenses of the preparation and execution of the standard security and any variation, restriction and discharge thereof and, where any of those deeds are recorded, the recording thereof, and all expenses reasonably incurred by the creditor in calling-up the security and realising or attempting to realise the security subjects, or any part thereof, and exercising any other powers conferred upon him by the security.

Interpretation

In this Schedule, where the debtor is not the proprietor of the security subjects, " debtor " means " proprietor ", except

(a) in standard conditions 9(1), 10(1) and 12, and

(b) in standard condition 11, where "debtor" includes the proprietor.

Schedule 4 Forms of Deeds of Assignation, Restriction, &c

FORM AAssignation of Standard SecuritySeparate

I, A.B. (designation), in consideration of £ ______ hereby assign to CD. (designation) a standard security for £________ (or a maximum sum of £ ________, to the extent of £________ being the amount now due thereunder ; in other cases describe as indicated in Note 2 to this Schedule) by E.F. in my favour (or in favour of G.H.) recorded in the Register for________________ on_______________(adding if necessary, but only to the extent of £ of principal);

With interest from ______________ [To be attested] FORM B [To be endorsed on the standard security] As above save that instead of the words " a standard security for £ ___________" (or otherwise, as the case may be) insert

“the foregoing standard security”

. Where the security is for a fluctuating amount whether subject to a maximum or not, add

“to the extent of £ being the amount now due thereunder.”. FORM C Restriction of Standard Security I, A.B. (designation), in consideration of (specify consideration, if any) hereby disburden of a standard security for £ _________ (or a maximum sum of £ ____________; in other cases, describe as indicated in Note 2 to this Schedule) by CD. in my favour (or in favour of E.F.) recorded in the Register for_____________ on____________ (adding if necessary, but only to the extent of £ of principal) All and Whole (describe the subjects disburdened in the same way as directed in Note 1 to Schedule 2 to this Act in the case of a description of security subjects). [To be attested] FORM D Combined Partial Discharge and Deed of Restriction of Standard Security I, A.B. (designation) in consideration of £ ________paid by CD. (designation) (or, as the case may be), hereby discharge a standard security for £_____________ (or a maximum sum of £________ ; in other cases,

describe as indicated in Note 2 to this Schedule) by the said CD. (or by E.F.) in my favour (or in favour of G.H.) recorded in the Register for_____________ on ______________but only to the extent of £ __________ of principal; And I disburden of the said standard security (adding if necessary, but only to the extent of £ _______ of principal) All and Whole (describe the subjects disburdened in the same way as directed in Note I to Schedule 2 to this Act in the case of a description of security subjects). [To be attested] FORM E Variation of Standard Security [To be endorsed on the standard security] I, A.B. (designation), agree that the foregoing standard security granted by me (or by CD.) in favour of E.F. recorded in the Register for_______________ on _________________(if there have been previous variations insert

“as varied”) shall with effect from ____________________be varied so that (here insert particulars of the variation agreed); And I, E.F. (designation) (or if the creditor is not the person in whose favour the standard security was granted say G.H. (designation) the creditor now in right of the said standard security) consent to the variation hereby effected. [To be attested] FORM F Discharge of Standard Security

Separate

I, A.B. (designation), in consideration of £_______ (where the security is in respect of a maximum sum or of all sums due or to become due or is in respect of a personal obligation constituted in an instrument or instruments other than the standard security add being the whole amount secured by the standard security aftemientioned) paid by CD., (designation) (or, as the case may be) hereby discharge a standard security for £ _________(or a maximum sum of £___________ in other cases describe as indicated in Note 2 to this Schedule) by the said CD. (or by E.F.) in my favour (or in favour of G.H.) recorded in the Register for_____________ on ______________(adding if necessary, but only to the extent of £ of principal). [To be attested] [To be endorsed on the standard security] As above save that instead of the words

“a standard security for £ (or a maximum sum of £ in other cases describe as indicated in Note 2 to this Schedule)”

insert

“the foregoing standard security”. NOTES TO SCHEDULE 4

General

Note 1.—Where the grantor of an assignation, discharge or deed of restriction of a standard security, or the creditor consenting to a variation of a standard security, is not the original creditor and has not a recorded title, insert at the end of the deed a clause of deduction of title as follows: Which standard security (adding, if necessary, to the extent aforesaid or, as the case may be) was last vested in the said (give name of original creditor) as aforesaid (or where the last recorded title to the standard security was in favour of a person other than the original creditor say in J.K. whose title thereto was recorded in the said Register of Sasines on_________________ ) and from whom I acquired right by (here specify shortly the writ or writs by which right was so acquired). Where the grantor of an assignation, discharge or deed of restriction of a standard security, or the creditor consenting to a variation of a standard security, although not the original creditor, has a recorded title, no specification of the title of the grantor or creditor is required. Note 2.—In an assignation, discharge or deed of restriction, (1) a standard security in respect of an uncertain amount may be described by specifying shortly the nature of the debt or obligation (e.g., all sums due or to become due) for which the security was granted, adding in the case of an assignation, to the extent of £ being the amount now due thereunder and (2) a standard security in respect of a personal obligation constituted in an instrument or instruments other than the standard security itself may be described by specifying shortly the nature of the debt or obligation and referring to the other instrument or instruments by which it is constituted in such manner as will be sufficient identification thereof. Note 3.—If the original infeftment upon a standard security has been taken otherwise than by recording the security in the Register of Sasines, insert immediately after the word

“recorded”the words along with notice of title thereon (adding, if such notice is not in favour of the original creditor, the name of the person in whose favour it is drawn). Note 4.—If part of the security subjects has already been disburdened, there may be inserted in an assignation, after the specification of the standard security assigned, a reference to the previous partial discharge or deed of restriction. Note 5.—The variation docket Form E of this Schedule shall be used only when the personal obligation or other matter to which the variation relates was contained in the standard security, or in a variation thereof which has been duly recorded. Variations in a personal obligation or other matter constituted in an instrument or instruments which have not been so recorded may be altered by an instrument in appropriate terms which shall not be required to be recorded in the Register of Sasines. Note 6.—Where the grantor of a variation docket does not have a recorded title to the security subjects, insert at the end of the variation and immediately before the consent by the creditor a clause of deduction of title as follows: the security subjects to which the said standard security relates being last vested in (give the name of the person in whom the security subjects were last vested) whose title thereto was recorded in the said Register of Sasines on_______________ and from whom I acquired right by (here specify the writ or writs by which such right was so acquired).

Schedule 5 Procedures as to Redemption

FORM ANOTICE OF REDEMPTION OF STANDARD SECURITY

To A.B. (address) TAKE NOTICE that on____________________ (state date of repayment) CD. (designation), will repay the sum of £ _________ (or the whole amount due) secured by a standard security by the said CD. (or by E.F.) in your favour (or in favour of G.H.) recorded in the Register for______________ on _________________ Dated this _____________day of___________________ (To be signed by the debtor, or proprietor, or by his agent, who will add his designation and the words Agent of the said CD.) In the case of a standard security for a non-monetary obligation this Form shall be adapted accordingly. FORM B I, A.B., above named, hereby acknowledge receipt of the Notice of Redemption of which the foregoing is a copy. Dated this _____________ day of ________________ (To be signed by the creditor, or by his agent, who will add his designation and the words Agent of the said A.B.) FORM C Notice of Redemption, of which the foregoing is a copy, was posted (or otherwise, as the case may be) to A.B. above named on the ____________ day of ___________________ (To be signed by the debtor, or proprietor, or by his agent, who wilt add his designation and the words Agent of the said CD. and if posted the postal receipt to be attached.) FORM D No. 1 Certificate of Consignation on Redemption of Standard Security where Discharge cannot be Obtained I, A.B. (designation) (solicitor) certify that consignation of the whole amount due under the standard security aftermentioned was made as after stated and was necessitated by reason of a discharge being unobtainable after due notice of redemption had been given. STANDARD SECURITY for £ (or a maximum of £ ________ ; in other cases describe as indicated in Note 2 to Schedule 4 to this Act) by CD. in favour of E.F. recorded in the Register of Sasines for______________ on________________ AMOUNT CONSIGNED £ ________ , being £ _______of principal,

£ __________ of interest and £ ___________ in respect of ascertained expenses. BANK IN WHICH CONSIGNED (specify bank or branch of bank, with address, in which above amount consigned) conform to deposit receipt dated____________________ in name of the person appearing to have the best right thereto (specifying his name and designation if known) (or if he is only a partial creditor say to the extent of £ _________). [To be attested] No. 2 Certificate of Declarator of Performance of Debtor's Obligations under Standard Security where Discharge cannot be obtained I, A.B. (designation) (solicitor) certify that a decree of declarator of performance of the obligations of the debtor under the standard security aftermentioned was pronounced as after stated and was necessitated by reason of a discharge being unobtainable after due notice of redemption had been given. STANDARD SECURITY by CD. in favour of E.F. recorded in the Register for______________ on ________________ DECREE OF DECLARATOR by the Sheriff of __________at_____________ in the application of the said CD. (or J.K. (designation), who is now the debtor (or the proprietor of the interest in land contained) in the said standard security). [To be attested]

Schedule 6 Procedures as to Calling-up and Default

FORM ANotice of Calling-up of Standard Security

To A.B. (address) TAKE NOTICE that CD. (designation) requires payment of the principal sum of £ ________with interest thereon at the rate of ______________ per centum per annum from the_______________ day of ____________ (adding if necessary, subject to such adjustment of the principal sum and the amount of interest as may subsequently be determined) secured by a standard security by you (or by E.F.) in favour of the said CD. (or of G.H. to which the said CD. has now right) recorded in the Register for_____________ on ____________; And that failing full payment of the said sum and interest thereon (adding if necessary, subject to any adjustment as aforesaid), and expenses within two months after the date of service of this demand, the subjects of the security may be sold. Dated this___________ day of ____________ (To be signed by the creditor, or by his agent, who will add his designation and the words Agent of the said CD.) In the case of a standard security for a non-monetary obligation this Form shall be adapted accordingly. FORM B Notice of Default under Standard Security To A.B., (address) TAKE NOTICE that CD. (designation), the creditor in a standard security by you (or by E.F.) in favour of the said CD. (or of G.H. to which the said CD. has now right) recorded in the Register for _____________on __________________requires fulfilment of the obligation(s) specified in the Schedule hereto in respect of which there is default; And that failing such fulfilment within one month after the date of service of this notice, the powers competent to the said CD. on default may be exercised. Dated this___________ day of _____________ (To be signed by the creditor, or by his agent, who will add his designation and the words Agent of the said CD.) Schedule of Obligation(s) in respect of which there is default To (specify in detail the obligation(s) in respect of which there is default). FORM C I, A.B., above named, hereby acknowledge receipt of the foregoing Notice of (Calling-up), (Default) of which the foregoing is a copy of the notice adding where appropriate

“and I agree to the period of notice being dispensed with (or shortened to_______________).”Dated this ___________day of___________________ (To be signed by the person on whom notice is served, or by his agent, who will add his designation and the words Agent of the said A.B.). FORM D Notice of (Calling-up) (Default), of which the foregoing is a copy, was posted (or otherwise, as the case may be) to A.B. above named on the____________ day of_________ (To be signed by the creditor, or by his agent, who will add his designation and the words Agent of the said CD. and if posted the postal receipt to be attached.)

Schedule 7 Contents of Certificate Stating a Default

1 A certificate which is lodged in court by the creditor for the purposes of section 22 or 24 of this Act shall contain the information required by the following provisions of this Schedule.

2 A certificate shall state—

(i) the name and address of the creditor and shall specify the standard security in respect of which the default is alleged to have occurred by reference to the original creditor and debtor therein and to the particulars of its registration ;

(ii) the nature of the default with full details thereof.

3 The certificate shall be signed by the creditor or his solicitor, and a certificate which does not comply with the foregoing requirements of this Schedule shall not be received in evidence for the purposes of the said section 22 or 24.

Schedule 8 Excluded Enactments

The Debts Securities (Scotland) Act 1856

1 Section 7 (Securities for cash accounts or credits).

Registration of Long Leases (Scotland) Act 1857

2 Section 4 (Assignations in security).

3 Section 5 (Instrument to be expeded where party presenting assignation in security for registration is not original lessee or assignee) so far as affecting assignations in security.

4 Section 6 (Translation of assignations in security and creditor's entry on possession in default of payment), so far as relating to such a translation.

5 Section 13 (Renunciations and discharges to be recorded) so far as affecting discharges.

6 Section 20 (Interpretation of clauses in Schedules).

The Titles to Land Consolidation (Scotland) Act 1868

7 Sections 118 (Form of bond and disposition in security).

8 Section 119 (Explanation of clauses in Schedule (FF) No. 1—Form of a Bond and Disposition in Security).

9 Section 121 (Validity of sale to purchaser).

10 Section 122 (Creditors selling to count and reckon for the surplus of the price and to consign the same in the bank).

11 Section 123 (Disburdening of lands on sale and after consignation of surplus price).

12 Section 124 (Prescription of form of transfer of securities).

13 Section 132 (Renunciation or discharge of heritable security).

14 Section 133 (Restriction of heritable security).

15 Section 138 (Use of short clauses of consent to registration).

Conveyancing (Scotland) Act 1874

16 Section 48 (Disburdening of lands sold under heritable securities when no surplus emerges).

17 Section 49 (Disburdening of lands where debtor in a heritable security cannot obtain discharge owing to the death or absence of the creditor, or any other cause).

The Heritable Securities (Scotland) Act 1894

18 Section 6 (Power of creditor to lease security subjects for seven years or under).

19 Section 7 (Granting of power by sheriff to lease security subjects for period of more than seven years).

20 Section 8 (Foreclosure).

21 Section 9 (Completion of title of security holders and preservation of personal obligation of debtor so far as not extinguished by price on sale of land).

22 Section 10 (Purchaser's title indefeasible).

23 Section 12 (Procedure).

24 Section 15 (Jurisdiction of sheriff).

25 Section 24 (Assimilation of forms for registered leases).

26 Section 25 (Form of bond and disposition in security).

27 Sections 28 to 30 (Provisions dealing with the assignation, discharge and restriction of bond and disposition in security).

28 Section 31 (Description of lands and deduction of title unnecessary in certain deeds).

29 Section 32 (Redemption of bond and disposition in security).

30 Sections 33-39 (Provisions relating to calling up bond and disposition in security and advertisement and exposure to sale of the land).

31 Section 42 (Mode of disburdening land sold by creditor under power of sale).

Schedule 9 Discharge of Heritable Security Constituted by Ex Facie Absolute Conveyance

I, A.B., (designation) hereby acknowledge that [the disposition (or assignation) granted by CD., (designation) (or by E.F., (designation) with consent of CD., (designation)) in my favour (or in favour of G.H., (designation of original creditor)) recorded in the Register for ____________ on__________________ ] [or, where endorsed on the disposition or assignation, the foregoing disposition (or assignation)] [describe security discharged by reference to the parties thereto and to the details of its recording] although in its terms ex facie absolute was truly in security of an advance of £ __________ (or a maximum amount of £ ________ in other cases describe as indicated in Note 2 to Schedule 4 to this Act), and that all moneys intended to be secured thereby have been fully paid. [To be attested] NOTES TO SCHEDULE 9 Note 1.—The discharge may be separate or endorsed on the ex facie absolute disposition or assignation. Note 2.—Where the grantor of the discharge is not the original creditor, the separate form of discharge shall be used. Note 3.—Where the grantor of the discharge is not the original creditor but has a recorded title, no specification of the grantor's title is required. Where the grantor of the discharge is not the original creditor and has not a recorded title, insert at the end of the discharge a clause of deduction of title as follows:

The subjects conveyed by the said disposition (or otherwise, as the case may be) were last vested in the said G.H. as aforesaid (or, where the last recorded title to the subjects was in favour of a person other than the original creditor, say in J.K. whose title thereto was recorded in the said Register of Sasines on.______________) and from whom I acquired right by (here specify shortly the writ or writs by which right was so acquired).

Schedule 10 Minor and Consequential Amendments

Part I Amendments affecting specification of titleThe Registration of Leases (Scotland) Act 1857

1 In Schedule (H), in the footnote, for the words " here state his title and date of recording the same " there shall be substituted the words

“name and design original creditor”. The Conveyancing (Scotland) Act 1924

2 In Schedule J, in Note 3, for the words from " insert

“to the end there shall be substituted the words”no specification of the granter's title is required.".

3 In Schedule K, in Note 2, for the words from " insert

“to”

say " (where the word first occurs) there shall be substituted the words

“no specification of the granter's title is required; or if such granter has not a recorded title, insert at the end of the deed Which bond and disposition in security (adding, if necessary, to the extent aforesaid or as the case may be)”.

Part II Other amendmentsThe Conveyancing (Scotland) Act 1924

4 In Schedule 1, in the note, before the words " the prior pages thereof" there shall be inserted the words

“(in the case of a will or other testamentary writing)”. The Land Compensation (Scotland) Act 1963

5 In section 10, for the words " Lord President of the Court of Session " there shall be substituted the words

“Secretary of State”.

Schedule 11 Enactments Repealed

Part I Repeals affecting specification of title

Chapter	Short Title	Extent of Repeal
1857 c. 26.	The Registration of Leases (Scotland) Act 1857.	In Schedule (A), the words " [and (when the assigner is not the grantee in the lease) my title to which is recorded in the said register, of date ] ". In Schedule (B), the words " and [where cedent not the original lessee) my title to which is registered therein [date of recording] ". In Schedule (1)), the words " [and (if the granter is not the assignee in said bond) my title to which bond and assignation in security is recorded in the said register (date of recording)] ". In Schedule (G), the words " and [where the party renouncing not the original lessee] my title to which is recorded in the said register on [date]".

Part II Repeals relating to assignations of unrecorded conveyances etc.

Chapter	Short Title	Extent of Repeal
1868 c. 101.	The Titles to Land Consolidation (Scotland) Act 1868.	Section 22. Schedule (M).
1924 c. 27.	The Conveyancing (Scotland) Act 1924.	Section 7. In section 10(4), the words " along with a separate assignation or separate assignations, or " and the words " on such separate assignation or on the last in date of such separate assigna­tions or ". In section 24, in paragraph (1), the words in brackets. In Schedule B, Note 5. Schedule C. In Schedule F, Note 4, and in Note 5, the words " (with the assignation or assignations, if any, endorsed thereon)", the words " a separate assignation or separate assignations, or along with ", the words " such separate assignation or on the last in date of such separate assignations or on", and the words " adding, if required, and assignation (or assignations) ".

Part III Other repeals

Chapter	Short Title	Extent of Repeal
1857 c. 26.	The Registration of Leases (Scotland) Act 1857.	In section 15, the words from " and extracts of all such writs " to the end of the section.
1868 c. 101.	The Titles to Land Consolidation (Scotland) Act 1868.	In section 142, the words from " and extracts of all such conveyances " to the end of the section.
1924 c. 27.	The Conveyancing (Scotland) Act 1924.	In section 16, subsections (3) and (4).
1925 c. 33.	The Church of Scotland (Property and Endowments) Act 1925.	In section 37, the words from "Provided that" to "either party ".
1949 c. 42.	The Lands Tribunal Act 1949.	In section 8(3), the words from " and the Statutory Instruments Act 1946" to the end of the subsection.
1966 c. 49.	The Housing (Scotland) Act 1966.	Section 189.