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Conveyancing and Feudal Reform (Scotland) Act 1970

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This is the original version (as it was originally enacted).

23Rights and duties of parties after service of notice of default to which objection is not taken, or where the notice is not set aside

(1)Where a person does not object to a notice of default in accordance with the provisions of the last foregoing section, or where he has so objected and the notice has been upheld or varied under that section, it shall be his duty to comply with any requirement, due to be performed or fulfilled by him, contained in the notice or, as the case may be, in the notice as so varied.

(2)Subject to the provisions of section 21(4) of this Act, where a person fails to comply as aforesaid, the creditor, subject to the next following subsection, may proceed to exercise such of his rights on default under standard condition 10(2), (6) and (7) as he may consider appropriate.

(3)At any time after the expiry of the period stated in a notice of default, or in a notice varied as aforesaid, but before the conclusion of any enforceable contract to sell the security subjects, or any part thereof, by virtue of the last foregoing subsection, the debtor or proprietor may, subject to any agreement to the contrary, redeem the security without the necessity of observance of any requirement as to notice.

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