Conveyancing and Feudal Reform (Scotland) Act 1970

Testing clause+

Section 24(1B) proceedings: pre-action requirements

I, A.B. (designation), hereby undertake to pay to C.D. (designation), the sum of £ (or a maximum sum of £ ) (or all sums due and that may become due by me to the said C.D. in respect of ......... (here specify the matter for which the undertaking is granted)) with interest from ........................ (orfrom the respective times of advance) at ............ per centum per annum (or otherwise as the case may be) (annually, half-yearly,or otherwise as the case may be) on ..................... in each year commencing on .....................; For which I grant a standard security in favour of the said C.D. over All and Whole (here describe the security subjects as indicated inNote 1 hereto): The standard conditions specified in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970, and any lawful variation thereof operative for the time being, shall apply: And I grant warrandice: And I consent to registration for execution.

Testing clause+

Note 3.—Where the grantor of a standard security to be recorded in the Register of Sasines has granted a conveyanceex facie absolute of the security subjects, or any part thereof, that conveyance shall be referred to in accordance with Note 5 to this Schedule. In any such case:—(a) where the grantor has a recorded title to the security subjects, no clause of deduction of title is required in the standard security (b) where the grantor does not have a recorded title to the security subjects but has right thereto by virtue of an unrecorded title insert in the standard security after the description of the security subjects a clause of deduction of title as follows.—Which subjects (or . . . lease(ortack) or, as the case may be)were formerly vested in (or are part of the subjects formerly vested in) (give name of person who last had a recorded title to the subjects before the grantor acquired right thereto)whose title thereto was recorded in the Register for ........................(orthe said Register of Sasines) on ........................ (or if such recorded title has already been mentioned sayin the said .................. as aforesaid)and from whom I acquired right by(here specify shortly the writ or writs by which that right was so acquired).

(As regards future variations, see section 16 of, and Form E and Notes 5 and 6 in Schedule 4 to, this Act).

I, A.B. (designation), in consideration of (specify consideration, if any) hereby disburden of a standard security for £ (or a maximum sum of £;in other cases, describe as indicated in Note 2 to this Schedule) by C.D. in my favour (or in favour of E.F.) registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….) (adding if necessary, but only to the extent of £ of principal) ALL and WHOLE (describe the subjects disburdened in the same way as directed in Note 1 to Schedule 2 to this Act in the case of a description of security subjects).

Testing clause+

[To be endorsed on the standard security]

STANDARD SECURITY by C.D. in favour of E.F. recorded in the Register for .................. on ........................

I, A.B. (designation), in consideration of £ (where the security is in respect of a maximum sum or of all sums due or to become due or is in respect of a personal obligation constituted in an instrument or instruments other than the standard security add being the whole amount secured by the standard security aftermentioned) paid by C.D., (designation) (or, as the case may be) hereby discharge a standard security for £ (or a maximum sum of £in other cases describe as indicated in Note 2 to this Schedule)by the said C.D. (or by E.F.) in my favour (or in favour of G.H.) registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on……. (adding if necessary,but only to the extent of £ of principal).

[To be endorsed on the standard security]

To the Occupier (address)

Note 1.—Where the grantor of an assignation, discharge or deed of restriction of a standard security, or the creditor consenting to a variation of a standard security, is not the original creditor and has not a recorded title, insert at the end of the deed a clause of deduction of title as follows:Which standard security (adding, if necessary,to the extent aforesaid or, as the case may be)was last vested in the said(give name of original creditor)as aforesaid (or where the last recorded title to the standard security was in favour of a person other than the original creditor say in J.K. whose title thereto was recorded in the said Register of Sasines on ..................) and from whom I acquired right by(here specify shortly the writ or writs by which right was so acquired).

AMOUNT CONSIGNED £, being £ of principal, £ of interest and £ in respect of ascertained expenses.

Disposition by creditor on sale.

[To be used where the personal obligation is included in the deed]

Testing clause+

Section 24(1B) applications: application to court by entitled residents

I, A.B. (designation), hereby undertake to pay to C.D. (designation), the sum of £ (or a maximum sum of £ ) (or all sums due and that may become due by me to the said C.D. in respect of ......... (here specify the matter for which the undertaking is granted)) with interest from ........................ (orfrom the respective times of advance) at ............ per centum per annum (or otherwise as the case may be) (annually, half-yearly,or otherwise as the case may be) on ..................... in each year commencing on .....................; For which I grant a standard security in favour of the said C.D. over All and Whole (here describe the security subjects as indicated inNote 1 hereto): The standard conditions specified in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970, and any lawful variation thereof operative for the time being, shall apply: And I grant warrandice: And I consent to registration for execution.

(As regards future variations, see section 16 of, and Form E and Notes 5 and 6 in Schedule 4 to, this Act).

Testing clause+

Note 3.—Where the grantor of a standard security has granted a conveyanceex facie absolute of the security subjects, or any part thereof, that conveyance shall be referred to in accordance with Note 5 to this Schedule. In any such case:—(a) where the grantor has a recorded title to the security subjects, no clause of deduction of title is required in the standard security (b) where the grantor does not have a recorded title to the security subjects but has right thereto by virtue of an unrecorded title insert in the standard security after the description of the security subjects a clause of deduction of title as follows.—Which subjects (or . . . lease(ortack) or, as the case may be)were formerly vested in (or are part of the subjects formerly vested in) (give name of person who last had a recorded title to the subjects before the grantor acquired right thereto)whose title thereto was recorded in the Register for ........................(orthe said Register of Sasines) on ........................ (or if such recorded title has already been mentioned sayin the said .................. as aforesaid)and from whom I acquired right by(here specify shortly the writ or writs by which that right was so acquired).

Note 1.—Where the grantor of an assignation, discharge or deed of restriction of a standard security, or the creditor consenting to a variation of a standard security, is not the original creditor and has not a recorded title, insert at the end of the deed a clause of deduction of title as follows:Which standard security(adding, if necessary,to the extent aforesaidor, as the case may be)was last vested in the said(give name of original creditor)as aforesaid(or where the last recorded title to the standard security was in favour of a person other than the original creditor say in J.K. whose title thereto was recorded in the said Register of Sasines on ..................) and from whom I acquired right by(here specify shortly the writ or writs by which right was so acquired).

I, A.B. (designation), in consideration of (specify consideration, if any) hereby disburden of a standard security for £ (or a maximum sum of £;in other cases, describe as indicated in Note 2 to this Schedule) by C.D. in my favour (or in favour of E.F.) recorded in the Register for .................. on .................. (adding if necessary, but only to the extent of £ of principal) ALL and WHOLE (describe the subjects disburdened in the same way as directed in Note 1 to Schedule 2 to this Act in the case of a description of security subjects).

Testing clause+

[To be endorsed on the standard security]

I, A.B. (designation), in consideration of £ (where the security is in respect of a maximum sum or of all sums due or to become due or is in respect of a personal obligation constituted in an instrument or instruments other than the standard security add being the whole amount secured by the standard security aftermentioned) paid by C.D., (designation) (or, as the case may be) hereby discharge a standard security for £ (or a maximum sum of £in other cases describe as indicated in Note 2 to this Schedule)by the said C.D. (or by E.F.) in my favour (or in favour of G.H.) recorded in the Register for . . . . . . . . . . . . on . . . . . . . . . . . . (adding if necessary,but only to the extent of £ of principal).

[To be endorsed on the standard security]

Note 1.—Where the grantor of an assignation, discharge or deed of restriction of a standard security, or the creditor consenting to a variation of a standard security, is not the original creditor and has not a recorded title and the deed is to be recorded in the Register of Sasines, insert at the end of the deed a clause of deduction of title as follows:Which standard security (adding, if necessary,to the extent aforesaid or, as the case may be)was last vested in the said(give name of original creditor)as aforesaid (or where the last recorded title to the standard security was in favour of a person other than the original creditor say in J.K. whose title thereto was recorded in the said Register of Sasines on ..................) and from whom I acquired right by(here specify shortly the writ or writs by which right was so acquired).

Where the grantor of an assignation, discharge or deed of restriction of a standard security, or the creditor consenting to a variation of a standard security, although not the original creditor, has a registered or recorded title, no specification of the title of the grantor or creditor is required.

+Note— In the case of a traditional document, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 , which also makes provision as regards the authentication of an electronic document).

Interpretation of Part III.

I, A.B. (designation), hereby undertake to pay to C.D. (designation), the sum of £ (or a maximum sum of £ ) (or all sums due and that may become due by me to the said C.D. in respect of ......... (here specify the matter for which the undertaking is granted)) with interest from ........................ (orfrom the respective times of advance) at ............ per centum per annum (or otherwise as the case may be) (annually, half-yearly,or otherwise as the case may be) on ..................... in each year commencing on .....................; For which I grant a standard security in favour of the said C.D. over All and Whole (here describe the security subjects as indicated inNote 1 hereto): The standard conditions specified in Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970, and any lawful variation thereof operative for the time being, shall apply: And I grant warrandice: And I consent to registration for execution.

[To be used where the personal obligation is constituted in a separate instrument or instruments]

Note 3.—Where the grantor of a standard security has granted a conveyanceex facie absolute of the security subjects, or any part thereof, that conveyance shall be referred to in accordance with Note 5 to this Schedule. In any such case:—(a) where the grantor has a recorded title to the security subjects, no clause of deduction of title is required in the standard security (b) where the grantor does not have a recorded title to the security subjects but has right thereto by virtue of an unrecorded title insert in the standard security after the description of the security subjects a clause of deduction of title as follows.—Which subjects (or . . . lease(ortack) or, as the case may be)were formerly vested in (or are part of the subjects formerly vested in) (give name of person who last had a recorded title to the subjects before the grantor acquired right thereto)whose title thereto was recorded in the Register for ........................(orthe said Register of Sasines) on ........................ (or if such recorded title has already been mentioned sayin the said .................. as aforesaid)and from whom I acquired right by(here specify shortly the writ or writs by which that right was so acquired).

Completion of buildings etc. and prohibition of alterations etc.

I, A.B. (designation) in consideration of £ paid by C.D. (designation) (or, as the case may be), hereby discharge a standard security for £ (ora maximum sum of £;in other cases, describe as indicated in Note 2 to this Schedule) by the said C.D. (or by E.F.) in my favour (orin favour of G.H.) recorded in the Register for ........................ on ........................, but only to the extent of £ of principal; And I disburden of the said standard security (adding if necessary, but only to the extent of £ of principal) ALL and WHOLE (describe the subjects disburdened in the same way as directed in Note 1 to Schedule 2 to this Act in the case of a description of security subjects).

To A.B. (address)

+Note 7— In the case of a traditional document, subscription of it by the granter, or in the case of form E the granter and the consenter to the variation, will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995, which also makes provision as regards the authentication of an electronic document).

To A.B. (address)

STANDARD SECURITY by C.D. in favour of E.F. registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….)

To the Occupier (address)

Note 1.—The discharge may be separate or endorsed on theex facie absolute disposition or assignation.

Testing clause+

Notice to occupier of calling-up

Lay representation in section 24(1B) proceedings etc.

Disposition by creditor on sale.

Extension of s. 13 to certain existing forms of heritable securities.

Note 4.—Where it is desired to vary any of the standard conditions contained in Schedule 3 to this Act, such variations shall be effected either by an instrument or instruments other than the standard security, and any such instrument shall not require to be registered in the Land Register of Scotland or recorded in the Register of Sasines or by inserting in the standard security after the description of the security subjects (and after the clause of deduction of title, if any)And I agree that the standard conditions shall be varied to the effect that(here insert particulars of the variations desired).

Completion of buildings etc. and prohibition of alterations etc.

Note 4.—If part of the security subjects has already been disburdened, there may be inserted in an assignation, after the specification of the standard security assigned, a reference to the previous partial discharge or deed of restriction.

STANDARD SECURITY for £ (or a maximum of £;in other cases describe as indicated in Note 2 to Schedule 4 to this Act) by C.D. in favour of E.F. registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….)

DECREE OF DECLARATOR by the Sheriff of .................. at .................. in the application of the said C.D. (or J.K. (designation), who is now the debtor (or the proprietor of the interest in land contained) in the said standard security.)

To the Occupier (address)

To the Occupier (address)

Note 1.—The discharge may be separate or endorsed on theex facie absolute disposition or assignation.

+Note 4—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

The standard security.

Interpretation of Part III.

Completion of buildings etc. and prohibition of alterations etc.

[To be endorsed on the standard security]

+Note—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

C.D. (designation) has applied to the court under section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970 for warrant to exercise in relation to (address of security subjects) remedies to which he is entitled on the default of A.B. (designation) in the performance of his obligations under a standard security over (address of subjects). A copy of the application is attached.

+Note 4—Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995).

Testing clause+

+Note 4— In the case of a traditional document, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 , which also makes provision as regards the authentication of an electronic document).