Rule 3.4.1 F1

In this Part—

• “the 1894 Act” means the Heritable Securities (Scotland) Act 1894;

• “the 1970 Act” means the Conveyancing and Feudal Reform (Scotland) Act 1970;

• “application for enforcement of security over residential property” means any of the following—

  1. (a)

     an application under section 24(1B) of the 1970 Act alone (“a 1970 Act only application”);

  2. (b)

     an application under section 5(1) of the 1894 Act, in a case falling within section 5(2) of that Act, alone (“an 1894 Act only application”);

  3. (c)

     an application under paragraphs (a) and (b) together (“a combined 1970 Act and 1894 Act application”);

• “entitled resident” means—

  1. (a)

     in a 1970 Act only application, a person falling within the definition of that expression provided by section 24C of the 1970 Act;

  2. (b)

     in an 1894 Act only application, a person falling within the definition of that expression provided by section 5D of the 1894 Act;

  3. (c)

     in a combined 1970 Act and 1894 Act application, a person falling within either of those definitions;

• “entitled resident application” means any of the following—

  1. (a)

     an application under section 24B of the 1970 Act alone;

  2. (b)

     an application under section 5C of the 1894 Act alone;

  3. (c)

     an application under paragraphs (a) and (b) together.

• “pre-action requirements” means—

  1. (a)

     in a 1970 Act only application, the requirements specified in sections 24A(2) to (6) of the 1970 Act, together with any provision made under section 24A(8) of that Act;

  2. (b)

     in an 1894 Act only application, the requirements specified in sections 5B(2) to (6) of the 1894 Act, together with any provision made under section 5B(8) of that Act;

  3. (c)

     in a combined 1970 Act and 1894 Act application, both of those sets of requirements;

• “a recall of decree application” means any of the following—

  1. (a)

     an application under section 24D of the 1970 Act alone;

  2. (b)

     an application under section 5E of the 1894 Act alone;

  3. (c)

     an application under paragraphs (a) and (b) together.