{
  "url": "https://openlegislation.uk/conveyancing-and-feudal-reform-scotland-act-1970/schedule-3/paragraph-10",
  "json_url": "https://openlegislation.uk/conveyancing-and-feudal-reform-scotland-act-1970/schedule-3/paragraph-10.json",
  "legislation": "ukpga/1970/35",
  "legislation_title": "Conveyancing and Feudal Reform (Scotland) Act 1970",
  "legislation_url": "https://openlegislation.uk/conveyancing-and-feudal-reform-scotland-act-1970",
  "path": "schedule/3/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": "Rights of creditor on default.",
  "text": "(1) Where the debtor is in default, the creditor may, without prejudice to his exercising any other remedy arising from the contract to which the standard security relates, exercise, in accordance with the provisions of Part II of this Act and of any other enactment applying to standard securities, such of the remedies specified in the following sub-paragraphs of this standard condition as he may consider appropriate.\n(2) He may proceed to sell the security subjects or any part thereof.\n(3) He may enter into possession of the security subjects and may receive or recover . . . the rents of those subjects or any part thereof.\n(4) Where he has entered into possession as aforesaid, he may let the security subjects or any part thereof.\n(5) Where he has entered into possession as aforesaid there shall be transferred to him all the rights of the debtor in relation to the granting of leases or rights of occupancy over the security subjects and to the management and maintenance of those subjects.\n(6) He may effect all such repairs and may make good such defects as are necessary to maintain the security subjects in good and sufficient repair, and may effect such reconstruction, alteration and improvement on the subjects as would be expected of a prudent proprietor to maintain the market value of the subjects, and for the aforesaid purposes may enter on the subjects at all reasonable times.\n(7) He may apply to the court for a decree of foreclosure.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 3 condition 10(3) repealed (28.11.2004) by 2000 asp 5, ss. 76(1)(2), 77(2)(c)(d), sch. 12 Pt. 1 para. 30(24), sch. 13 Pt. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words repealed",
      "affecting": "asp/2025/3",
      "affecting_title": "Judicial Factors (Scotland) Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1970/35/schedule/3/paragraph/10",
    "retrieved_at": "2026-10-29T10:51:05.923694+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}