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Heritable Securities (Scotland) Act 1894, Section 13 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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The rights and powers [F1under a heritable security] may be exercised by any creditor, although the debtor or any other creditor holding a security over the same lands, or other person to whom intimation may require or be ordered to be given is [F2subject to any legal disability by reason of nonage or otherwise], and any action or proceeding [F1by a creditor in exercise of those rights and powers] shall have the same force and effect as it would have had if [F1the debtor, proprietor, other] creditor, or other person had been of full age and not subject to any legal incapacity when such action or proceeding was taken; [F3and—
(a)any person entitled, within the meaning of Part I of the Children (Scotland) Act 1995, to act as the legal representative of a child; and
(b)trustees]
[F4(c)the person entitled to act as the legal representative of any such person,]
executors, F5. . ., [F6guardians] judicial factors, and other officers of court may exercise all or any of the powers conferred by this Act.
Textual Amendments
F1Words in s. 13 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 13(6) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
F2Words in s. 13 substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 23 (with s. 1(3))
F3Words in s. 13 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4. para. 5; S.I. 1996/2203, art. 3, Sch.
F4S. 13(c) inserted (2.4.2001 for specified purposes otherwise 1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 7(a); S.S.I. 2001/81, arts. 2, 3, Sch. 1, Sch. 2
F5Words in s. 13 repealed (2.4.2001 for specified purposes otherwise 1.4.2002) by 2000 asp 4, s. 88(2)(3), Sch. 5 para. 7(b), Sch. 6; S.S.I. 2001/81, arts. 2, 3, Sch. 1, Sch. 2
F6Word in s. 13 inserted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 23 (with s. 1(3))
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