Conveyancing (Scotland) Act 1924

33 Notice calling up bond and disposition in security. S

Without prejudice to his rights and remedies under the personal obligation the creditor in a bond and disposition in security, or any part thereof, whether dated before or after the commencement of this Act, may serve a notice calling up the same in or as nearly as may be in the terms of Form No. 1 of Schedule M to this Act. Such notice shall be given to the person infeft in the land disponed in security and appearing on the record as the proprietor, or if the person last infeft in the land or any part thereof be dead, then to the [F1 executor or] reputed substitute or person entitled to succeed to the same in terms of the last recorded title thereto, notwithstanding any alteration of the succession not appearing on the Register of Sasines. If the last proprietor was an incorporated company which has been removed from the Register of Joint Stock Companies or a person deceased who has left no heirs or whose heirs are unknown, notice shall be given to the Lord Advocate. Where the estates of the debtor have been sequestrated under the M1 Bankruptcy (Scotland) Act, 1913, or any Act thereby repealed, notice shall be given to the trustee in the sequestration (unless such trustee has been discharged) as well as to the bankrupt. If the proprietor be a body of trustees, it shall be sufficient if the notice is given to a majority of the trustees infeft in the land. There shall be no obligation on the creditor to give notice to any other person unless for the purpose of preserving recourse against such other person. Notice under this section shall cease to be effective for the purposes of a sale under the powers of a bond and disposition in security after a period of five years from the date of such notice if no exposure to sale of the land or any part thereof has followed thereon, or otherwise after five years from the date of the last exposure to sale of the land or part thereof following on such notice.

Textual Amendments

F1 Words added by Succession (Scotland) Act 1964 (c. 41), s. 34(1), Sch. 2 paras. 17, 18

Modifications etc. (not altering text)

C1 S. 33 excluded by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 32, Sch. 8 para. 30; explained by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 33(1)

C2 S. 33: functions transferred (19.5.1999) by virtue of S.I. 1999/678, art. 2(1), Sch.

Marginal Citations

M1 1913 c. 20.