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Conveyancing (Scotland) Act 1924
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Changes over time for: Section 34
Version Superseded: 01/07/1999
Alternative versions:
- 01/02/1991- Amendment
- 19/05/1999- Amendment
- 19/05/1999
Point in time - 01/07/1999- Amendment
- 28/11/2004- Amendment
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Point in time view as at 19/05/1999. This version of this provision has been superseded.
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34 Service of notice. U.K.
Notice under the immediately preceding section may be delivered to the person to whom it is desired to be given or sent by registered post to him at his last known address, or in the case of [F1the Secretary of State at St. Andrew’s House], Edinburgh, and an acknowledgment signed by such person in or as nearly as may be in the terms of Form No. 2 of Schedule M to this Act, or a certificate in or as nearly as may be in the terms of Form No. 3 of that schedule, accompanied (if the notice has been posted) by the postal receipt, shall be sufficient evidence of the service of such notice, and if the address of the person to whom such notice is desired to be given is not known [F2or if it is not known whether such a person is still alive] or if the registered packet, containing such notice, is returned to the creditor or his law agent, with an intimation that the same could not be delivered, such notice shall be sent to the Keeper of the Record of Edictal Citations, General Register House, Edinburgh, and shall be equivalent to notice to such person, and an acknowledgment of receipt by the Keeper of the Record of Edictal Citations, on a copy of such notice, shall be sufficient evidence thereof. Such notice shall be deemed to be formal requisition for all purposes, including the purposes of the M1Heritable Securities (Scotland) Act, 1894; and if posted shall be held to be given on the next day after the day of posting.
Textual Amendments
F1Words in s. 34 substituted (19.5.1999) by S.I. 1999/678, art. 4
F2Words inserted by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 34
Modifications etc. (not altering text)
C1S. 34 amended by Recorded Delivery Service Act 1962 (c. 27), s. 1, Sch.; excluded by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), s. 32, Sch. 8 para. 30
C2Functions of Keeper of the Record of Edictal Citations now exercisable by such clerks and officers of the Court of Session as may be appointed from time to time: Registration of Offices (Scotland) Act 1928 (c. 34), s. 8 and Public Records (Scotland) Act 1937 (c. 43), s. 13
C3S. 34: functions transferred (19.5.1999) by virtue of S.I. 1999/678, art. 2(1), Sch.
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