Conveyancing and Feudal Reform (Scotland) Act 1970
PART I Feudal Reform
Variation and discharge of land obligations
1 Variation and discharge of land obligations.
2 Provisions supplementary to section 1.
Allocation of feuduties, etc.
3 Allocation of feuduties.
4 Applications to Lands Tribunal regarding allocation of feuduties.
5 Provisions supplementary to sections 3 and 4.
6 Allocation of ground annuals.
Provisions for contracting out of sections 1 to 6 to be void
7 Provisions for contracting out of sections 1 to 6 void.
Reduction of period of positive prescription
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II The Standard Security
9 The standard security.
10 Import of forms of, and certain clauses in, standard security.
11 Effect of registered or recorded standard security, and incorporation of standard conditions.
12 Standard security may be granted by person uninfeft.
13 Ranking of standard securities.
14 Assignation of standard security.
15 Restriction of standard security.
16 Variation of standard security.
17 Discharge of standard security.
18 Redemption of standard security.
19 Calling-up of standard security.
19A Notice to occupier of calling-up
19BNotice to local authority of calling-up
20 Exercise of rights of creditor on default of debtor in complying with a calling-up notice.
21 Notice of default.
22 Objections to notice of default.
23 Rights and duties of parties after service of notice of default to which objection is not taken, or where the notice is not set aside.
23AVoluntary surrender of residential property following calling-up notice or notice of default
24 Application by creditor to court for remedies on default.
24ASection 24(1B) proceedings: pre-action requirements
24BSection 24(1B) applications: application to court by entitled residents
24CEntitled residents: definition
24DSection 24(1B) proceedings: recall of decree
24ELay representation in section 24(1B) proceedings etc.
25 Exercise of power of sale.
26 Disposition by creditor on sale.
27 Application of proceeds of sale.
28 Foreclosure.
29 Procedure.
30 Interpretation of Part II.
31 Saving.
32 Application of enactments.
Part III Provisions as to Heritable Securities
33 Form of notice calling-up heritable security.
34 Amendment of s. 34 of Act of 1924.
35 Power of creditor in bond and disposition in security to sell to include power to sell by private bargain.
36 Alteration of periods during which sale of land held in security is to be advertised.
37 Amendment of s. 40 of Act of Act of 1924.
38 Amendment of s. 41 of Act of 1924.
39 Amendment of s. 8 of Act of 1894.
40 Discharge of heritable security constituted byex facieabsolute conveyance.
41 Restriction on effect of reduction of certain discharges of securities.
42 Extension of s. 13 to certain existing forms of heritable securities.
43 Interpretation of Part III.
Part IV Other Conveyancing Reforms
44 Alteration of rules as to probative deeds.
45 Status of sasine extracts.
46 Effect of conditions as to pre-emption.
47 Abolition of requirement to specify granter’s title in certain deeds.
48 Abolition of forms of assignation of unrecorded conveyances, etc., and of completion of title by recording of such assignations.
Part V Miscellaneous
49 Abolition of heritor’s right of pre-emption of glebe.
50 Amendment of Lands Tribunal Act 1949.
Part VI General
51 Application to Crown.
52 Saving, amendment and repeal.
53 Interpretation.
54 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1
1An obligation to pay feuduty, ground annual, rent, skat, dry...
2An obligation, however constituted, relating to the right to work...
3An obligation imposed by or on behalf of the Crown...
4An obligation created or imposed— (i) for naval, military or...
5An obligation created or imposed in or in relation to...
SCHEDULE 2 Forms of Standard Security
Form A
Form B
NOTES TO SCHEDULE 2
.
Note 1 .—The security subjects shall be described sufficiently to...
Note 2.—Where the grantor has not a recorded title to...
Note 3.—Where the grantor of a standard security to be...
Note 4.—Where it is desired to vary any of the...
(As regards future variations, see section 16 of, and Form...
Note 5.—Where the security subjects are burdened by any other...
Note 6.—Where a standard security is granted in Form A...
Note 7.—In the case of a standard security for a...
+Note 8— In the case of a traditional document, subscription...
SCHEDULE 3 The Standard Conditions
1 Maintenance and repair.
2 Completion of buildings etc. and prohibition of alterations etc.
3 Observance of conditions in title, payment of duties, charges, etc., and general compliance with requirements of law relating to security subjects.
4 Planning notices, etc.
5 Insurance.
6 Restriction on letting.
7 General power of creditor to perform obligations etc. on failure of debtor and power to charge debtor.
8 Calling-up.
9 Default.
10 Rights of creditor on default.
11 Exercise of right of redemption.
12The debtor shall be personally liable to the creditor for...
Interpretation
In this Schedule, where the debtor is not the proprietor...
SCHEDULE 4 Forms of Deeds of Assignation, Restriction, &c.
FORM A Assignation of Standard Security
Separate
I, A.B. (designation), in consideration of £ hereby assign to...
With interest from ........................ Testing clause+
FORM B
[To be endorsed on the standard security]
As above save that instead of the words “a standard...
FORM C Restriction of Standard Security
I, A.B. (designation), in consideration of (specify consideration, if any)...
Testing clause+
FORM D Combined Partial Discharge and Deed of Restriction of Standard Security
I, A.B. (designation) in consideration of £ paid by C.D....
Testing clause+
FORM E Variation of Standard Security
[To be endorsed on the standard security]
I, A.B. (designation), agree that the foregoing standard security granted...
Testing clause+
FORM F Discharge of Standard Security
Separate
I, A.B. (designation), in consideration of £ (where the security...
Testing clause+
[To be endorsed on the standard security]
As above save that instead of the words “a standard...
NOTES TO SCHEDULE 4
General
Note 1.—Where the grantor of an assignation, discharge or deed...
Where the grantor of an assignation, discharge or deed of...
Note 2.—In an assignation, discharge or deed of restriction, (1)...
Note 3.—If the original title to a standard security has...
Note 4.—If part of the security subjects has already been...
Note 5.—The variation docket Form E of this Schedule shall...
Note 6.—Where the grantor of a variation docket does not...
+Note 7— In the case of a traditional document, subscription...
SCHEDULE 5 Procedures as to Redemption
FORM A NOTICE OF REDEMPTION OF STANDARD SECURITY
To A.B. (address)
TAKE NOTICE that on .................. (state date of repayment) C.D....
(To be signed by the debtor, or proprietor, or by...
In the case of a standard security for a non-monetary...
FORM B
I, A.B., above named, hereby acknowledge receipt of the Notice...
(To be signed by the creditor, or by his agent,...
FORM C
Notice of Redemption, of which the foregoing is a copy,...
(To be signed by the debtor, or proprietor, or by...
FORM D
No. 1 Certificate of Consignation on Redemption of Standard Security where Discharge cannot be Obtained
I, A.B. (designation) (solicitor) certify that consignation of the whole...
STANDARD SECURITY for £ (or a maximum of £; in...
AMOUNT CONSIGNED £, being £ of principal, £ of interest...
BANK IN WHICH CONSIGNED (specify bank or branch of bank...
Testing clause+
+Note— In the case of a traditional document, subscription of...
No. 2 Certificate of Declarator of Performance of Debtor’s Obligations under Standard Security where Discharge cannot be obtained
I, A.B. (designation) (solicitor) certify that a decree of declarator...
STANDARD SECURITY by C.D. in favour of E.F. registered in...
DECREE OF DECLARATOR by the Sheriff of .................. at .....................
Testing clause+
+Note— In the case of a traditional document, subscription of...
SCHEDULE 6 Procedures as to Calling-up and Default
FORM BB NOTICE TO OCCUPIER
To the Occupier ( address )
A Notice of Calling-up of a standard security/ Default under...
If you are a tenant of A.B., in certain circumstances...
If you are the spouse or partner of A.B., the...
( delete as appropriate )
If you wish to make such an application, you should...
Dated
( Signature of C.D., or signature and designation of C.D.’s...
FORM C
I, A.B., above named, hereby acknowledge receipt of the foregoing...
Dated this .................. day of ........................
(To be signed by the person on whom notice is...
FORM D
Notice of (Calling-up) (Default), of which the foregoing is a...
(To be signed by the creditor, or by his agent,...
FORM F
To the Occupier ( address )
C.D. ( designation ) has applied to the court under...
If you are a tenant of A.B. ( or, if...
If you are the spouse or partner of A.B., the...
Dated
( Signature of C.D., or signature and designation of C.D.’s...
SCHEDULE 7 Contents of Certificate Stating a Default
1A certificate which is lodged in court by the creditor...
2A certificate shall state— (i) the name and address of...
3The certificate shall be signed by the creditor or his...
SCHEDULE 8 Excluded Enactments
The Debts Securities (Scotland) Act 1856
1Section 7 (Securities for cash accounts or credits).
Registration of Long Leases (Scotland) Act 1857
2Section 4 (Assignations in security).
3Section 5 (Instrument to be expeded where party presenting assignation...
4Section 6 (Translation of assignations in security and creditor’s entry...
5Section 13 (Renunciations and discharges to be recorded) so far...
6Section 20 (Interpretation of clauses in Schedules).
The Titles to Land Consolidation (Scotland) Act 1868
7Sections 118 (Form of bond and disposition in security).
8Section 119 (Explanation of clauses in Schedule (FF) No. 1—Form...
9Section 121 (Validity of sale to purchaser).
10Section 122 (Creditors selling to count and reckon for the...
11Section 123 (Disburdening of lands on sale and after consignation...
12Section 124 (Prescription of form of transfer of securities).
13Section 132 (Renunciation or discharge of heritable security).
14Section 133 (Restriction of heritable security).
15Section 138 (Use of short clauses of consent to registration)....
Conveyancing (Scotland) Act 1874
16Section 48 (Disburdening of lands sold under heritable securities when...
17Section 49 (Disburdening of lands where debtor in a heritable...
The Heritable Securities (Scotland) Act 1894
18Section 6 (Power of creditor to lease security subjects for...
19Section 7 (Granting of power by sheriff to lease security...
20Section 8 (Foreclosure).
21Section 9 (Completion of title of security holders and preservation...
22Section 10 (Purchaser’s title indefeasible).
23Section 12 (Procedure).
24Section 15 (Jurisdiction of sheriff).
The Conveyancing (Scotland) Act 1924
25Section 24 (Assimilation of forms for registered leases).
26Section 25 (Form of bond and disposition in security).
27Sections 28 to 30 (Provisions dealing with the assignation, discharge...
28Section 31 (Description of lands and deduction of title unnecessary...
29Section 32 (Redemption of bond and disposition in security).
30Sections 33-39 (Provisions relating to calling up bond and disposition...
31Section 42 (Mode of disburdening land sold by creditor under...
SCHEDULE 9 Discharge of Heritable Security Constituted by Ex Facie Absolute Conveyance
NOTES TO SCHEDULE 9
Note 1.—The discharge may be separate or endorsed on the...
Note 2.—Where the grantor of the discharge is not the...
Note 3.—Where the grantor of the discharge is not the...
+Note 4— In the case of a traditional document, subscription...
SCHEDULE 10 Minor and Consequential Amendments
Part I Amendments Affecting Specification of Title
The Registration of Leases (Scotland) Act 1857
1In Schedule (H), in the footnote, for the words “here...
The Conveyancing (Scotland) Act 1924
2In Schedule J, in Note 2, for the words from...
3In Schedule K, in Note 2, for the words from...
Part II Other Amendments
The Conveyancing (Scotland) Act 1924
4In Schedule I, in the note, before the words “the...
The Land Compensation (Scotland) Act 1963
5In section 10, for the words “Lord President of the...
SCHEDULE 11 Enactments Repealed
Part I Repeals affecting specification of title
Part II Repeals relating to assignations of unrecorded conveyances etc.
Part III Other repeals

Conveyancing and Feudal Reform (Scotland) Act 1970

1970 c.35

An Act to provide as respects Scotland for the variation and discharge of certain obligations relating to land; to facilitate the allocation of feuduties and ground annuals; to reduce the period of positive prescription of 20 years to 10 years; to provide for a new form of heritable security; to make certain amendments to the existing law relating to heritable securities; to make certain other amendments to the law relating to conveyancing; to abolish the rights of pre-emption of heritors in respect of glebes; to amend the Lands Tribunal Act 1949; and for connected purposes.

Annotations:
Commencement Information
I1

Act partly in force at Royal Assent see s. 54(2); Act wholly in force at 1.3.1971

Modifications etc. (not altering text)
C1

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3