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Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes
Conveyancing and Feudal
Reform (Scotland) Act 1970
1970 CHAPTER 35
PART II
THE STANDARD SECURITY
Modifications etc. (not altering text)
C1 Pt. II explained by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 2 C2 Pt. II (ss. 9-32) applied (with modifications) (12.4.1993) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 23(6) ; S.I. 1992/2974, art. 2, Sch. Pt. II (ss. 9-32) applied (with modifications) (16.7.1993) by S.I. 1993/1516, art. 5 C3 The provisions of Pt. II, other than ss. 9(1) and (2), 12 and 14, applied (with modifications) by S.I. 1987/381, reg. 40(5)
9 The standard security.
(1) The provisions of this Part of this Act shall have effect for the purpose of enabling a
new form of heritable security to be created to be known as a standard security.
(2) It shall be competent to [F1 grant and register in the Land Register of Scotland or to ]
grant and record in the Register of Sasines a standard security over any [F2 land or
real right in land, ] to be expressed in conformity with one of the forms prescribed in
Schedule 2 to this Act.
[F3 (2B) It shall not be competent to grant a standard security over a personal pre-emption
burden or personal redemption burden (both within the meaning of Part 4 of the
Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) [F4 or as the case may be
of section 23 of the Long Leases (Scotland) Act 2012 (asp 9)) ]. ]
(3) A grant of any right over [F2 land or a real right ] in land for the purpose of securing
any debt by way of a heritable security shall only be capable of being effected at law
if it is embodied in a standard security.
Part II – The Standard Security Document Generated: 2022-01- Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes
(4) Where for the purpose last-mentioned any deed which is not in the form of a standard
security contains a disposition or assignation [F2 of land or of a real right ] in land, it
shall to that extent be void and unenforceable, and where that deed has been duly
[F5 registered or ] recorded the creditor in the purported security may be required, by
any person having an interest, to grant any deed which may be appropriate to clear
[F6 the Land Register of Scotland or ] the Register of Sasines of that security.
(5) A standard security may be used for any other purpose for which a heritable security
may be used if any of the said forms is appropriate to that purpose, and for the purpose
of any enactment affecting heritable securities a standard security, if so used, or if used
as is required by this Act instead of a heritable security as defined therein, shall be a
heritable security for the purposes of that enactment.
(6) The M1 Bankruptcy Act 1696, in so far as it renders a heritable security of no effect in
relation to a debt contracted after the recording of that security, and any rule of law
which requires that a real burden for money may only be created in respect of a sum
specified in the deed of creation, shall not apply in relation to a standard security.
F7 (7)................................
(8) For the purposes of this Part of this Act—
(a) “heritable security (except in subsection (5) of this section if the context
otherwise requires) means any security capable of being constituted over any
[F2 land or real right ] in land by disposition or assignation of that [F2 land or real
right ] in security of any debt and of being [F8 registered in the Land Register
of Scotland or ] recorded in the Register of Sasines;
(b) [F9 “real right in land” means any such right, other than ownership or a real
burden, which is capable of being held separately and to which a title may
be [F10 registered in the Land Register of Scotland or ] recorded in the Register
of Sasines; ]
(c) “debt” means any obligation due, or which will or may become due, to repay
or pay money, including any such obligation arising from a transaction or part
of a transaction in the course of any trade, business or profession, and any
obligation to pay an annuity or ad factum praestandum , but does not include
an obligation to pay any [F11 feuduty, ground annual, ] rent or other periodical
sum payable in respect of land, and “creditor” and “debtor”, in relation to a
standard security, shall be construed accordingly.
Textual Amendments
F1 Words in s. 9(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(2)(a) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F2 Words in s. 9(2)-(4)(8)(a) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c) {sch. 12 Pt. 1 para. 30(6)(a)-(d)(i)} (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2 F3 S. 9(2B) inserted "after subsection (2A)" (28.11.2004) by virtue of Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 128(1), 129(2), sch. 14 para. 4(2)(a) (with ss. 119, 121 ); S.S.I. 2003/456, art. 2 F4 Words in s. 9(2B) inserted (21.2.2014) by Long Leases (Scotland) Act 2012 (asp 9), s. 83(2)(3), sch. para. 1 ; S.S.I. 2013/322, art. 3(i) F5 Words in s. 9(4) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(2)(b)(i) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F6 Words in s. 9(4) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(2)(b)(ii) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2
Part II – The Standard Security Document Generated: 2022-01- Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes
(4) The forms of standard security contained in Schedule 2 to this Act shall, unless
specially qualified, import an assignation to the creditor of the title deeds, including
searches, and all conveyances not duly [F13 registered or ] recorded, affecting the
security subjects or any part thereof, with power to the creditor in the event of a sale
under the powers conferred by the security, but subject to the rights of any person
holding prior rights to possession of those title deeds, to deliver them, so far as in the
creditor’s possession, to the purchaser, and to assign to the purchaser any right he may
possess to have the title deeds made forthcoming.
Textual Amendments
F12 Words in s. 10(2) substituted (28.11.2004) by 2000 asp 5, ss. 76(1)(2), 77(2)(c)(d), sch. 12 Pt. 1 para. 30(7) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2 F13 Words in s. 10(4) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(3) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2
11 Effect of [F14registered or] recorded standard security, and incorporation of
standard conditions.
(1) Where a standard security is duly [F15 registered or ] recorded, it shall operate to vest
[F16 in the grantee a real right in security ] for the performance of the contract to which
the security relates.
(2) Subject to the provisions of this Part of this Act, the conditions set out in Schedule 3
to this Act, either as so set out or with such variations as have been agreed by the
parties in the exercise of the powers conferred by the said Part (which conditions are
hereinafter in this Act referred to as “the standard conditions”), shall regulate every
standard security.
(3) Subject to the provisions of this Part of this Act, the creditor and debtor in a standard
security may vary any of the standard conditions, other than [F17 standard condition 11
(procedure on redemption) and ] the provisions of Schedule 3 to this Act relating to
the powers of sale,... F18^ and foreclosure and to the exercise of those powers, but no
condition capable of being varied shall be varied in a manner inconsistent with any
condition which may not be varied by virtue of this subsection.
(4) In this Part of this Act—
(a) any reference to a variation of the standard conditions shall include a reference
to the inclusion of an additional condition and to the exclusion of a standard
condition;
(b) any purported variation of a standard condition which contravenes the
provisions of subsection (3) of this section shall be void and unenforceable.
Textual Amendments
F14 Words in s. 11 title inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(5) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F15 Words in s. 11(1) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(4) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F16 Words in s. 11(1) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c), sch. 12 Pt. 1 para. 30(8) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2 F17 Words inserted by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 1(a)
Part II – The Standard Security Document Generated: 2022-01-
Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes F18 Words repealed by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 1(a)
12 Standard security may be granted by person uninfeft.
[F19 (1) Notwithstanding any rule of law, a standard security may be granted over land or a
real right in land by a person whose title thereto has not been completed by being duly
registered or recorded.
(1A) If the deed expressing the security is to be recorded in the Register of Sasines, the
grantor must, in that deed, deduce his title to the land or real right from the person
who appears in the Register of Sasines as having the last recorded title thereto. ]
(2) A deduction of title in a deed for the purposes of the foregoing subsection shall be
expressed in the form prescribed by Note 2 or 3 of Schedule 2 to this Act, and on [F20 a
deed expressing the security being registered or ] recorded as aforesaid the title of the
grantee shall, for the purposes of the rights and obligations between the grantor and
the grantee thereof and those deriving right from them, but for no other purpose, in all
respects be of the same effect as if the title of the grantor of the deed to the [F21 land
or real right in land ]F22 ... had been duly completed; and any references to a proprietor
or to a person [F21 having the last [F23 registered or ] recorded title ] shall in this Part of
this Act be construed accordingly.
(3) There may be specified for the purposes of any deduction of title in pursuance of any
provision of this Part of this Act any writing which it is competent to specify as a
title, midcouple, or link in title for the purposes of section 5 of the M2 Conveyancing
(Scotland) Act 1924 (deduction of title).
Textual Amendments
F19 (^) S. 12(1)(1A) substituted for s. 12(1) (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(6)(a) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F20 (^) Words in s. 12(2) substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122 , 123 , sch. 5 para. 17(6)(b)(i) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F21 (^) Words in s. 12(2) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c), sch. 12 Pt. 1 para. 30(9) (b)(i)(ii) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2 F22 (^) Words in s. 12(2) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(6)(b)(ii) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F23 (^) Words in s. 12(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(6)(b)(iii) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2
Modifications etc. (not altering text)
C4 S. 12 excluded by Land Registration (Scotland) Act 1979 (c. 33, SIF 31:3), s. 15(3)
Marginal Citations
M2 1924 c. 27.
13 Ranking of standard securities.
(1) Where the creditor in a standard security duly [F24 registered or ] recorded has received
notice of the creation of a subsequent security over the same [F25 land or real right in
land or over any part thereof, or of the subsequent assignation or conveyance of that
land or real right, ] in whole or in part, being a security, assignation or conveyance so
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Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes
14 Assignation of standard security.
(1) Any standard security duly [F32 registered or ] recorded may be transferred, in whole
or in part, by the creditor by an assignation in conformity with Form A or B of
Schedule 4 to this Act, and upon such an assignation being duly [F32 registered or ]
recorded, the security, or, as the case may be, part thereof, shall be vested in the
assignee as effectually as if the security or the part had been granted in his favour.
(2) An assignation of a standard security shall, except so far as otherwise therein stated,
be deemed to convey to the grantee all rights competent to the grantor to the writs,
and shall have the effect inter alia of vesting in the assignee—
(a) the full benefit of all corroborative or substitutional obligations for the debt,
or any part thereof, whether those obligations are contained in any deed or
arise by operation of law or otherwise,
(b) the right to recover payment from the debtor of all expenses properly incurred
by the creditor in connection with the security, and
(c) the entitlement to the benefit of any notices served and of all procedure
instituted by the creditor in respect of the security to the effect that the
grantee may proceed as if he had originally served or instituted such notices
or procedure.
Textual Amendments
F32 Words in s. 14(1) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(8) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2
Modifications etc. (not altering text)
C6 (^) Ss. 14-30 applied (with modifications) (28.11.2004) by 2000 asp 5, ss. 69 , 77(2)(a) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2
15 Restriction of standard security.
(1) The security constituted by any standard security duly [F33 registered or ] recorded may
be restricted, as regards any part of the [F34 land or real right ] in land burdened by the
security, by a deed of restriction in conformity with Form C of Schedule 4 to this
Act, and, upon that deed being duly [F33 registered or ] recorded, the security shall be
restricted [F35 to the land or real right contained in the standard security other than the
part of that land or real right disburdened by the deed; and the land or real right ] thereby
disburdened shall be released from the security wholly or to the extent specified in
the deed.
(2) A partial discharge and deed of restriction of a standard security, which has been duly
[F36 registered or ] recorded, may be combined in one deed, which shall be in conformity
with Form D of the said Schedule 4.
Textual Amendments
F33 Words in s. 15(1) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(9)(a) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F34 Words in s. 15(1) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c)(d), sch. 12 Pt. 1 para. 30(11) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2
Part II – The Standard Security Document Generated: 2022-01- Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes F35 Words in s. 15(1) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c)(d), sch. 12 Pt. 1 para. 30(11) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2 F36 Words in s. 15(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(9)(b) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2
Modifications etc. (not altering text)
C7 Ss. 14-30 applied (with modifications) (28.11.2004) by 2000 asp 5, ss. 69 , 77(2)(a) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2
16 Variation of standard security.
(1) Any alteration in the provisions (including any standard condition) of a standard
security duly [F37 registered or ] recorded, other than an alteration which may
appropriately be effected by an assignation, discharge or restriction of that standard
security, or an alteration which involves an addition to, or an extension of, the [F38 land
or real right ] in land mentioned therein, may be effected by a variation endorsed on
the standard security in conformity with Form E of Schedule 4 to this Act, or by a
variation contained in a separate deed in a form appropriate for that purpose, duly
[F37 registered or recorded in either case.
(2) Where a standard security has been duly [F39 registered or ] recorded, but the personal
obligation or any other provision (including any standard condition) relating to the
security has been created or specified in a deed which has not been so [F40 registered or ]
recorded, nothing contained in this section shall prevent any alteration in that personal
obligation or provision, other than an alteration which may be appropriately effected
by an assignation, discharge or restriction of the standard security, or an alteration
which involves an addition to, or an extension of, the [F38 land or real right ] in land
mentioned therein, by a variation contained in any form of deed appropriate for that
purpose, and such a variation shall not require to be [F41 registered in the Land Register
of Scotland or ] recorded in the Register of Sasines.
F42 (3)................................
(4) Any variation effected in accordance with this section shall not prejudice any other
security or right over the same [F43 land or real right in land, or over ] any part thereof,
effectively constituted before the variation is [F44 registered or ] recorded, or, where the
variation is effected by an [F45 unregistered or ] unrecorded deed, before that deed is
executed, as the case may be. ]
Textual Amendments
F37 Words in s. 16(1) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(10)(a) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F38 Words in s. 16(1)(2) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c), sch. 12 Pt. 1 para. 30(12)(a) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2 F39 Words in s. 16(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(10)(b)(i) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F40 Words in s. 16(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(10)(b)(ii) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F41 Words in s. 16(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(10)(b)(iii) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F42 S. 16(3) repealed by Finance Act 1971 (c. 68), Sch. 14 , pt. VI
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(b) in any other case, apply to the court for declarator that the whole obligations
under the contract to which the security relates have been performed.
(3) On consignation, or on the court granting declarator as aforesaid, a certificate to that
effect may be expede by a solicitor in the appropriate form prescribed by Form D of
Schedule 5 to this Act, which on being duly [F53 registered or ] recorded shall disburden
the [F54 land or real right ] in land, to which the standard security relates, of that security.
(4) For the purposes of this section, “whole amount due” means the debt to which the
security relates, so far as outstanding, and any other sums due thereunder by way of
interest or otherwise.
Textual Amendments
F48 Words inserted by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 1(b) F49 S. 18(1A) added by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 1(c) F50 Words inserted by Land Tenure Reform (Scotland) Act 1974 (c. 38, SIF 74:1), s. 11(6) F51 Words inserted by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 1(d) F52 Words substituted by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 1(d) F53 Words in s. 18(3) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123 , sch. 5 para. 17(12) (with s. 121, sch. 4 paras. 13, 16 ); S.S.I. 2014/127, art. 2 F54 Words in s. 18(3) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c), sch. 12 Pt. 1 para. 30(14) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2
Modifications etc. (not altering text)
C10 (^) Ss. 14-30 applied (with modifications) (28.11.2004) by 2000 asp 5, ss. 69 , 77(2)(a) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2
19 Calling-up of standard security.
(1) Where a creditor in a standard security intends to require discharge of the debt thereby
secured and, failing that discharge, to exercise any power conferred by the security
to sell any subjects of the security or any other power which he may appropriately
exercise on the default of the debtor within the meaning of standard condition 9(1)(a),
he shall serve a notice calling-up the security in conformity with Form A of Schedule 6
to this Act (hereinafter in this Act referred to as a “calling-up notice”), in accordance
with the following provisions of this section.
(2) Subject to the following provisions of this section, a calling-up notice shall be served
on the person [F55 having the last [F56 registered or ] recorded title to ] the security subjects
and appearing [F57 in the Land Register of Scotland or ] on the record [F58 of the Register
of Sasines ] as the proprietor, and should the proprietor of those subjects, or any part
thereof, be dead then on his representative or the person entitled to the subjects in terms
of the last [F56 registered or ] recorded title thereto, notwithstanding any alteration of the
succession not appearing in the [F59 Land Register of Scotland or ] Register of Sasines.
(3) Where the person [F60 having the last [F61 registered or ] recorded title to ] the security
subjects was an incorporated company which has been removed from the Register of
Companies, or a person deceased who has left no representatives, a calling-up notice
shall be served on the Lord Advocate and, where the estates of the person [F60 having
the last [F61 registered or ] recorded title have ] been sequestrated under the Bankruptcy
(Scotland) Act [F62 2016 ] , the notice shall be served on the trustee in the sequestration
(unless such trustee has been discharged) as well as on the bankrupt.
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Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes
(4) If the proprietor be a body of trustees, it shall be sufficient if the notice is served on a
majority of the trustees [F63 having title to ] the security subjects.
(5) It shall be an obligation on the creditor to serve a copy of the calling-up notice on
any other person against whom he wishes to preserve any right of recourse in respect
of the debt.
(6) For the purposes of the foregoing provisions of this section, the service of a calling-
up notice may be made by delivery to the person on whom it is desired to be served
or the notice may be sent by registered post or by the recorded delivery service to him
at his last known address, or, in the case of the Lord Advocate, at the Crown Office,
Edinburgh, and an acknowledgment, signed by the person on whom service has been
made, in conformity with Form C of Schedule 6 to this Act, or, as the case may be,
a certificate in conformity with Form D of that Schedule, accompanied by the postal
receipt shall be sufficient evidence of the service of that notice; and if the address of
the person on whom the notice is desired to be served is not known, or if it is not
known whether that person is still alive, or if the packet containing a calling-up notice
is returned to the creditor with an intimation that it could not be delivered, that notice
shall be sent to the Extractor of the Court of Session, and shall be equivalent to the
service of a calling-up notice on the person on whom it is desired to be served.
(7) For the purposes of the last foregoing subsection, an acknowledgment of receipt by
the said Extractor on a copy of a calling-up notice shall be sufficient evidence of the
receipt by him of that notice.
(8) A calling-up notice served by post shall be held to have been served on the next day
after the day of posting.
(9) Where a creditor in a standard security has indicated in a calling-up notice that any
sum and any interest thereon due under the contract may be subject to adjustment in
amount, he shall, if the person on whom notice has been served so requests, furnish
the debtor with a statement of the amount as finally determined within a period of one
month from the date of service of the calling-up notice, and a failure by the creditor
to comply with the provisions of this subsection shall cause the calling-up notice to
be of no-effect.
(10) The period of notice mentioned in the calling-up notice may be effectively dispensed
with or shortened by the person on whom it is served, with the consent of the creditors,
if any, holding securities pari passu with, or postponed to, the security held by the
creditor serving the calling-up notice, by a minute written or endorsed upon the said
notice, or a copy thereof, in conformity with Form C of Schedule 6 to this Act.
[F64 Provided that, without prejudice to the foregoing generality, if the standard security
is over a matrimonial home as defined in section 22 of the Matrimonial Homes (Family
Protection) (Scotland) Act 1981, the spouse on whom the calling-up notice has been
served may not dispense with or shorten the said period without the consent in writing
of the other spouse. ]
[F65 (10A) Subsection (10B) below applies where the calling-up notice relates to a standard
security over land or a real right in land used to any extent for residential purposes.
(10B) The period of notice mentioned in the calling-up notice may be shortened under
subsection (10) above only with the consent in writing (in addition to any other consent
required by that subsection) of—
Part II – The Standard Security Document Generated: 2022-01-
Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes
Modifications etc. (not altering text)
C11 Ss. 14-30 applied (with modifications) (28.11.2004) by 2000 asp 5, ss. 69 , 77(2)(a) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2 C12 S. 19: functions transferred (19.5.1999) by virtue of S.I. 1999/678, art. 2(1), Sch. C13 S. 19 modified (3.12.2001) by 2001 asp 11, s. 1(8)(a) (with s. 5); S.S.I. 2001/418, art. 2 (with transitional provision in art. 3) (as amended by S.S.I. 2005/623), {art. 4})
[F6819A Notice to occupier of calling-up
(1) Where a creditor in a standard security over [F69 land or a real right ] in land used to
any extent for residential purposes serves a calling-up notice, he shall serve a notice
in conformity with Form BB (notice to occupier) of Schedule 6 to this Act together
with a copy of the calling-up notice.
(2) Notices under subsection (1) above shall be sent by recorded delivery letter addressed
to “The Occupier” at the security subjects.
(3) If a creditor fails to comply with subsections (1) and (2) above, the calling-up notice
shall be of no effect. ]
Textual Amendments
F68 S. 19A inserted (3.12.2001) by 2001 asp 11, s. 4(1) (with s. 5); S.S.I. 2001/418, art. 2 (with transitional provision in art. 3) F69 Words in s. 19A(1) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 128(1), 129(2), sch. 14 para. 4(4) (with ss. 119, 121 ); S.S.I. 2003/456, art. 2
[F7019B Notice to local authority of calling-up
(1) Where a creditor in a standard security over an interest in land used to any extent for
residential purposes serves a calling-up notice, the creditor shall give notice of that
fact to the local authority in whose area the security subjects are situated, unless the
creditor is that local authority.
(2) Notice under subsection (1) shall be given in the form and manner prescribed under
section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10). ]
Textual Amendments
F70 (^) S. 19B inserted (2.10.2008 for specified purposes and 1.4.2009 otherwise) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 11(2), 14(1), sch. para. 1(2) ; S.S.I. 2008/313, art. 2
20 Exercise of rights of creditor on default of debtor in complying with a calling-up
notice.
(1) Where the debtor in a standard security is in default within the meaning of standard
condition 9(1)(a), the creditor may exercise such of his rights under the security as
he may consider appropriate, and any such right shall be in addition to and not in
derogation from any other remedy arising from the contract to which the security
Part II – The Standard Security Document Generated: 2022-01- Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes
relates or from any right conferred by any enactment or by any rule of law on the
creditor in a heritable security.
(2) Where the debtor is in default as aforesaid, the creditor shall have the right to sell the
security subjects, or any part thereof, in accordance with the provisions of this Part
of this Act.
[F71 (2A) Where the standard security is over land or a real right in land used to any extent for
residential purposes, the creditor is entitled to exercise the rights specified in standard
condition 10(2) and (3) (and mentioned in subsections (1) and (2) above) only—
(a) where the conditions in section 23A of this Act are satisfied, or
(b) with the warrant of the court, granted on an application under section 24 of
this Act. ]
(3) A creditor in a standard security who is in lawful possession of the security subjects
may let the security subjects, or any part thereof, for any period not exceeding seven
years, or may make application to the court for warrant to let those subjects, or any
part thereof, for a period exceeding seven years, and the application shall state the
proposed tenant, and the duration and conditions of the proposed lease, and shall be
served on the proprietor of the subjects and on any other heritable creditor having
interest as such a creditor in the subjects.
(4) The court, on such an application as aforesaid and after such inquiry and such further
intimation of the application as it may think fit, may grant the application as submitted,
or subject to such variation as it may consider reasonable in all the circumstances of
the case, or may refuse the application.
(5) There shall be deemed to be assigned to a creditor who is in lawful possession of the
security subjects all rights and obligations of the proprietor relating to—
(a) leases, or any permission or right of occupancy, granted in respect of those
subjects or any part thereof, and
(b) the management and maintenance of the subjects and the effecting of any
reconstruction, alteration or improvement reasonably required for the purpose
of maintaining the market value of the subjects.
Textual Amendments
F71 S. 20(2A) inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 1(1) , 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7)
Modifications etc. (not altering text)
C14 (^) Ss. 14-30 applied (with modifications) (28.11.2004) by 2000 asp 5, ss. 69 , 77(2)(a) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2
21 Notice of default.
(1) Where the debtor in a standard security is in default within the meaning of standard
condition 9(1)(b), and the default is remediable, the creditor may, without prejudice to
any other powers he may have by virtue of this Act or otherwise, proceed in accordance
with the provisions of this section to call on the debtor and on the proprietor, where
he is not the debtor, to purge the default.
Part II – The Standard Security Document Generated: 2022-01- Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes
to heritable securities, and the court may grant any such remedy as aforesaid as it may
think proper.
(4) For the purposes of such a counter-application as aforesaid, a certificate which
conforms with the requirements of Schedule 7 to this Act may be lodged in court by
the creditor, and that certificate shall be prima facie evidence of the facts directed by
the said Schedule to be contained therein.
Modifications etc. (not altering text)
C17 Ss. 14-30 applied (with modifications) (28.11.2004) by 2000 asp 5, ss. 69 , 77(2)(a) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2
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.
(1) Where a person does not object to a notice of default in accordance with the provisions
of the last foregoing section, or where he has so objected and the notice has been
upheld or varied under that section, it shall be his duty to comply with any requirement,
due to be performed or fulfilled by him, contained in the notice or, as the case may
be, in the notice as so varied.
(2) Subject to the provisions of section 21(4) of this Act [F76 and subsection (4) below ] ,
where a person fails to comply as aforesaid, the creditor, subject to the next following
subsection, may proceed to exercise such of his rights on default under standard
condition 10(2), (6) and (7) as he may consider appropriate.
(3) At any time after the expiry of the period stated in a notice of default, or in a notice
varied as aforesaid, but before the conclusion of any enforceable contract to sell
the security subjects, or any part thereof, by virtue of the last foregoing subsection,
the debtor or proprietor [F77 (being in either case a person entitled to redeem the
security) ] may, subject to any agreement to the contrary, redeem the security without
the necessity of observance of any requirement as to notice.
[F78 (4) Where the standard security is over land or a real right in land used to any extent for
residential purposes—
(a) the creditor is entitled to exercise the right specified in standard condition
10(2) only—
(i) where the conditions in section 23A of this Act are satisfied, or
(ii) with the warrant of the court, granted on an application under
section 24 of this Act, and
(b) subsection (3) above has effect as if the reference to the last foregoing
subsection were a reference to section 24 of this Act. ]
Textual Amendments
F76 Words in s. 23(2) inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 8(3) , 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7) F77 Words inserted by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 1(e)
Part II – The Standard Security Document Generated: 2022-01-
Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes F78 S. 23(4) inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 1(2) , 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7)
Modifications etc. (not altering text)
C18 Ss. 14-30 applied (with modifications) (28.11.2004) by 2000 asp 5, ss. 69 , 77(2)(a) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2
[F7923A Voluntary surrender of residential property following calling-up notice or notice
of default
(1) The conditions referred to in sections 20(2A)(a) and 23(4)(a)(i) are that—
(a) the security subjects are unoccupied; and
(b) each of the persons specified in subsection (2) below has, in writing—
(i) certified that that person does not occupy the security subjects and is
not aware of the security subjects being occupied by any other person;
(ii) consented to the exercise by the creditor of the creditor's rights on
default; and
(iii) certified that the consent is given freely and without coercion of any
kind.
(2) Those persons are—
(a) the debtor;
(b) the proprietor of the security subjects (where the proprietor is not the debtor);
(c) the non-entitled spouse of the debtor or the proprietor of security subjects
which are (in whole or in part) a matrimonial home;
(d) the non-entitled civil partner of the debtor or the proprietor of security subjects
which are (in whole or in part) a family home; and
(e) a person who has occupancy rights in the security subjects by virtue of an
order under section 18(1) (occupancy rights of cohabiting couples) of the
Matrimonial Homes (Family Protection) (Scotland) Act 1981.
(3) In this section—
“family home” has the meaning given by section 135(1) of the Civil
Partnership Act 2004;
“matrimonial home” has the meaning given by section 22 of the
Matrimonial Homes (Family Protection) (Scotland) Act 1981;
“non-entitled civil partner” has the same meaning as “non-entitled partner”
in section 101(1) of the Civil Partnership Act 2004;
“non-entitled spouse” has the meaning given by section 1 of the
Matrimonial Homes (Family Protection) (Scotland) Act 1981. ]
Textual Amendments
F79 S. 23A inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 1(3) , 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7)
Part II – The Standard Security Document Generated: 2022-01-
Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes
(6) In considering an application under subsection (1B) above where the debtor appears
or is represented, the court is to have regard in particular to the matters set out in
subsection (7) below.
(7) Those matters are—
(a) the nature of and reasons for the default;
(b) the ability of the debtor to fulfil within a reasonable time the obligations under
the standard security in respect of which the debtor is in default;
(c) any action taken by the creditor to assist the debtor to fulfil those obligations;
(d) where appropriate, participation by the debtor in a debt payment programme
approved under Part 1 of the Debt Arrangement and Attachment (Scotland)
Act 2002; and
(e) the ability of the debtor and any other person residing at the security subjects
to secure reasonable alternative accommodation.
(8) Subsections (5) and (6) above do not affect—
(a) any power that the court may have; or
(b) any rights that the debtor may have,
by virtue of any other enactment or rule of law.
(9) Where—
(a) the default in respect of which an application is made under subsection (1B)
above is a default within the meaning of paragraph (a) or (b) of standard
condition 9(1); and
(b) before a decree is granted on the application, the obligations under the
standard security in respect of which the debtor is in default are fulfilled,
the standard security has effect as if the default had not occurred. ]
[F90 (10) For the avoidance of doubt, a decree granted on an application under subsection (1B)
above is not an order for possession of a house let on an assured tenancy (within the
meaning of Part II of the Housing (Scotland) Act 1988 (c.43)). ]
Textual Amendments
F80 S. 24(1A)-(1D) inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 2(2) , 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7) F81 Words in s. 24(2) substituted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 2(3) , 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7) F82 S. 24(3)(4) inserted (3.12.2001) by 2001 asp 11, s. 4(3) (with s. 5); S.S.I. 2001/418, art. 2 (with transitional provision in art. 3) F83 Words in s. 24(3) substituted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 2(4) , 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7) F84 Words in s. 24(3) repealed (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 2(4) , 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7) F85 Word in s. 24(3)(a) repealed (2.10.2008 for specified purposes and 1.4.2009 otherwise) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 11(2), 14(1), sch. para. 1(4)(a)(i) ; S.S.I. 2008/313, art. 2
Part II – The Standard Security Document Generated: 2022-01- Changes to legislation: Conveyancing and Feudal Reform (Scotland) Act 1970, Part II is up to date with all changes known to be in force on or before 07 January 2022. 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. (See end of Document for details) View outstanding changes F86 S. 24(3)(c) and preceding word inserted (2.10.2008 for specified purposes and 1.4.2009 otherwise) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 11(2), 14(1), sch. para. 1(4)(a)(ii) ; S.S.I. 2008/313, art. 2 F87 Words in s. 24(4) substituted (2.10.2008 for specified purposes and 1.4.2009 otherwise) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 11(2), 14(1), sch. para. 1(4)(b) ; S.S.I. 2008/313, art. 2 F88 S. 24(4A) inserted (2.10.2008 for specified purposes and 1.4.2009 otherwise) by Homelessness etc. (Scotland) Act 2003 (asp 10), ss. 11(2), 14(1), sch. para. 1(4)(c) ; S.S.I. 2008/313, art. 2 F89 S. 24(5)-(9) inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 2(5) , 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7) F90 S. 24(10) inserted (1.3.2011) by Housing (Scotland) Act 2010 (asp 17), ss. 152(2) , 166 ; S.S.I. 2011/96, art. 2, sch. (with arts. 3-5)
Modifications etc. (not altering text)
C19 S. 24 modified (3.12.2001) by 2001 asp 11, s. 2(1)(b) (with s. 5); S.S.I. 2001/418, art. 2 (with transitional provision in art. 3) C20 Ss. 14-30 applied (with modifications) (28.11.2004) by 2000 asp 5, ss. 69 , 77(2)(a) (with ss. 58, 62 , 75 ); S.S.I. 2003/456, art. 2
[F9124A Section 24(1B) proceedings: pre-action requirements
(1) The pre-action requirements referred to in section 24(1C) of this Act are set out in
subsections (2) to (6) below.
(2) The creditor must provide the debtor with clear information about—
(a) the terms of the standard security;
(b) the amount due to the creditor under the standard security, including any
arrears and any charges in respect of late payment or redemption; and
(c) any other obligation under the standard security in respect of which the debtor
is in default.
(3) The creditor must make reasonable efforts to agree with the debtor proposals in respect
of future payments to the creditor under the standard security and the fulfilment of any
other obligation under the standard security in respect of which the debtor is in default.
(4) The creditor must not make an application under section 24(1B) of this Act if the
debtor is taking steps which are likely to result in—
(a) the payment to the creditor within a reasonable time of any arrears, or the
whole amount, due to the creditor under the standard security; and
(b) fulfilment by the debtor within a reasonable time of any other obligation under
the standard security in respect of which the debtor is in default.
(5) The creditor must provide the debtor with information about sources of advice and
assistance in relation to management of debt.
(6) The creditor must encourage the debtor to contact the local authority in whose area
the security subjects are situated.
(7) In complying with the pre-action requirements the creditor must have regard to any
guidance issued by the Scottish Ministers.
(8) The Scottish Ministers may by order made by statutory instrument make further
provision about the pre-action requirements, including provision—
