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Conveyancing and Feudal Reform (Scotland) Act 1970, Section 24 is up to date with all changes known to be in force on or before 01 June 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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(1)Without prejudice to his proceeding by way of notice of default in respect of a default within the meaning of standard condition 9(1)(b), a creditor in a standard security, where the debtor is in default within the meaning of that standard condition or standard condition 9(1)(c), may apply to the court for warrant to exercise any of the remedies which he is entitled to exercise on a default within the meaning of standard condition 9(1)(a).
(2)For the purposes of such an application as aforesaid in respect of a default within the meaning of standard condition 9(1)(b), 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.
[F1(3)Where the creditor applies to the court under subsection (1) above, he shall, if the standard security is over [F2land or a real right] in land used to any extent for residential purposes—
(a)serve on the debtor and (where the proprietor is not the debtor) on the proprietor a notice in conformity with Form E of Schedule 6 to this Act, F3. . .
(b)serve on the occupier of the security subjects a notice in conformity with Form F of that Schedule[F4, and
(c)give notice of the application to the local authority in whose area the security subjects are situated, unless the creditor is that local authority.]
(4)Notices under subsection [F5(3)(a) or (b)] above shall be sent by recorded delivery letter addressed—
(a)in the case of a notice under subsection (3)(a), to the debtor or, as the case may be, the proprietor at his last known address,
(b)in the case of a notice under subsection (3)(b), to “The Occupier” at the security subjects.]
[F6(4A)Notice under subsection (3)(c) above shall be given in the form and manner prescribed under section 11(3) of the Homelessness etc. (Scotland) Act 2003 (asp 10).]
Textual Amendments
F1S. 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)
F2Words in s. 24(3) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 128(1), 129(2), sch. 14 para. 4(5) (with ss. 119, 121); S.S.I. 2003/456, art. 2
F3Word 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
F4S. 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
F5Words 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
F6S. 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
Modifications etc. (not altering text)
C1S. 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)
C2Ss. 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
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