The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009 No. 729 (S. 2)

PART 4 Rights of creditors

Conditions referred to in article 12

13.  The conditions referred to in article 12(1) are that–

(a) the debt is constituted by–

(i) decree; or

(ii) a document which has been registered for execution in the Books of Council and Session or, as the case may be, in the appropriate sheriff court books kept for any sheriffdom; and

(b) either–

(i) the creditor has executed diligence but has not recovered the debt in full; or

(ii) it does not appear that the association has any assets which reasonably could be recovered by diligence.