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Heritable Securities (Scotland) Act 1894
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- 1894 c. 44 (Regnal. 57_and_58_Vict)
- Section 7
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- s. 7 repealed by 2007 asp 3 Sch. 6
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- Act explained by 2007 asp 3 s. 126
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- s. 5A inserted by 2010 asp 6 s. 3(2)
- s. 5A(9) inserted by 2010 asp 17 s. 152(1)
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- s. 5B(2)(b) modified by S.S.I. 2010/317 art. 2
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- s. 5F inserted by 2010 asp 6 s. 7(2)
- Sch. A-C repealed by 2007 asp 3 Sch. 6
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Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2010/314 art. 3-6 commences (2010 asp 6)
- S.S.I. 2010/316 art. 4-7 transitional provisions for effects of commencing SSI 2010/314
- S.S.I. 2011/96 art. 2 Sch. commences (2010 asp 17)
7 Sheriff may grant power to lease security subjects for longer periods, not more than 21 years for heritable property in general, and 31 years for minerals. S
Any creditor in possession of lands disponed in security may apply to the sheriff for warrant to let the lands disponed in security or part thereof, for a period exceeding seven years, setting forth the name of the proposed tenant or tenants, the duration and conditions of the proposed lease; and the sheriff may, after service on the proprietor and on the other heritable creditors, if any, and after such intimation and inquiry as he may think proper, and if satisfied that a lease for a longer period than seven years is expedient for the beneficial occupation of the lands, approve of the proposed lease on the terms and conditions proposed, or on such other terms and conditions as may appear to him expedient: Provided always, that such lease shall in no case exceed twenty-one years for heritable property in general and thirty-one years for minerals.
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Modifications etc. (not altering text)
C1S. 7 excluded by Conveyancing and Feudal Reform (Scotland) Act 1970 (C. 35), s. 32, Sch. 8 para. 19
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