# Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999, Rule 3.4.1


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—
(a)an application under section 24(1B) of the 1970 Act alone (“a 1970 Act only application”);
(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”);
(c)an application under paragraphs (a) and (b) together (“a combined 1970 Act and 1894 Act application”);
“entitled resident” means—
(a)in a 1970 Act only application, a person falling within the definition of that expression provided by section 24C of the 1970 Act;
(b)in an 1894 Act only application, a person falling within the definition of that expression provided by section 5D of the 1894 Act;
(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—
(a)an application under section 24B of the 1970 Act alone;
(b)an application under section 5C of the 1894 Act alone;
(c)an application under paragraphs (a) and (b) together.
“pre-action requirements” means—
(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;
(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;
(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—
(a)an application under section 24D of the 1970 Act alone;
(b)an application under section 5E of the 1894 Act alone;
(c)an application under paragraphs (a) and (b) together.

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Source: https://www.legislation.gov.uk/uksi/1999/929/rule/3.4.1 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-summary-applications-statutory-applications-and-appeals-etc-rules-1999/rule-3.4.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.