- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)After section 24C of the 1970 Act (inserted by section 5 of this Act) insert—
(1)A person mentioned in subsection (2) below may apply to the court for recall of a decree granted on an application under section 24(1B) of this Act.
(2)Those persons are—
(a)the creditor;
(b)the debtor, but only if the debtor did not appear and was not represented in the proceedings on the application under section 24(1B);
(c)an entitled resident, but only if the entitled resident did not make an application under section 24B(1) in the proceedings.
(3)An application under subsection (1) may be made at any time before the decree has been fully implemented.
(4)An application by any person under subsection (1) above is not competent if an application under that subsection has already been made by that person in relation to the application under section 24(1B).
(5)An applicant under subsection (1) above must give notice of the application to—
(a)the creditor (unless the applicant is the creditor);
(b)the debtor (unless the applicant is the debtor);
(c)every entitled resident (or, if the applicant is an entitled resident, every other entitled resident).”.
(2)After section 5D of the 1894 Act (inserted by section 5 of this Act) insert—
(1)A person mentioned in subsection (2) may apply to the court for recall of a decree granted on an application to which section 5A applies.
(2)Those persons are—
(a)the creditor,
(b)the debtor, but only if the debtor did not appear and was not represented in the proceedings on the application,
(c)an entitled resident, but only if the entitled resident did not make an application under section 5C(1) in the proceedings.
(3)An application under subsection (1) may be made at any time before the decree has been fully implemented.
(4)An application by any person under subsection (1) is not competent if an application under that subsection has already been made by that person in relation to the application to which section 5A applies.
(5)An applicant under subsection (1) must give notice of the application to—
(a)the creditor (unless the applicant is the creditor),
(b)the debtor (unless the applicant is the debtor),
(c)every entitled resident (or, if the applicant is an entitled resident, every other entitled resident).”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: