Modifications etc. (not altering text)
C1Pt. II explained by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 2
C2Pt. II (ss. 9-32) applied (with modifications) (12.4.1993) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 23(6); S.I. 1992/2974, art. 2, Sch.
Pt. II (ss. 9-32) applied (with modifications) (16.7.1993) by S.I. 1993/1516, art. 5
C3The provisions of Pt. II, other than ss. 9(1) and (2), 12 and 14, applied (with modifications) by S.I. 1987/381, reg. 40(5)
[F1(1)Notwithstanding any rule of law, a standard security may be granted over land or a real right in land by a person whose title thereto has not been completed by being duly registered or recorded.
(1A)If the deed expressing the security is to be recorded in the Register of Sasines, the grantor must, in that deed, deduce his title to the land or real right from the person who appears in the Register of Sasines as having the last recorded title thereto.]
(2)A deduction of title in a deed for the purposes of the foregoing subsection shall be expressed in the form prescribed by Note 2 or 3 of Schedule 2 to this Act, and on [F2a deed expressing the security being registered or] recorded as aforesaid the title of the grantee shall, for the purposes of the rights and obligations between the grantor and the grantee thereof and those deriving right from them, but for no other purpose, in all respects be of the same effect as if the title of the grantor of the deed to the [F3land or real right in land] F4... had been duly completed; and any references to a proprietor or to a person [F3having the last [F5registered or] recorded title] shall in this Part of this Act be construed accordingly.
(3)There may be specified for the purposes of any deduction of title in pursuance of any provision of this Part of this Act any writing which it is competent to specify as a title, midcouple, or link in title for the purposes of section 5 of the M1Conveyancing (Scotland) Act 1924 (deduction of title).
Textual Amendments
F1S. 12(1)(1A) substituted for s. 12(1) (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(6)(a) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F2Words in s. 12(2) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(6)(b)(i) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F3Words in s. 12(2) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c), sch. 12 Pt. 1 para. 30(9)(b)(i)(ii) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F4Words in s. 12(2) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(6)(b)(ii) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
F5Words in s. 12(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(6)(b)(iii) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
Modifications etc. (not altering text)
C4S. 12 excluded by Land Registration (Scotland) Act 1979 (c. 33, SIF 31:3), s. 15(3)
Marginal Citations