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Section 16 Variation of standard security.C1

Scotland

(1)

Any alteration in the provisions (including any standard condition) of a standard security duly F1registered or recorded, other than an alteration which may appropriately be effected by an assignation, discharge or restriction of that standard security, or an alteration which involves an addition to, or an extension of, the F2land or real right in land mentioned therein, may be effected by a variation endorsed on the standard security in conformity with Form E of Schedule 4 to this Act, or by a variation contained in a separate deed in a form appropriate for that purpose, duly registered or recorded in either case.

(2)

Where a standard security has been duly F3registered or recorded, but the personal obligation or any other provision (including any standard condition) relating to the security has been created or specified in a deed which has not been so F4registered or recorded, nothing contained in this section shall prevent any alteration in that personal obligation or provision, other than an alteration which may be appropriately effected by an assignation, discharge or restriction of the standard security, or an alteration which involves an addition to, or an extension of, the land or real right in land mentioned therein, by a variation contained in any form of deed appropriate for that purpose, and such a variation shall not require to be F5registered in the Land Register of Scotland or recorded in the Register of Sasines.

F6(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Any variation effected in accordance with this section shall not prejudice any other security or right over the same F7land or real right in land, or over any part thereof, effectively constituted before the variation is F8registered or recorded, or, where the variation is effected by an F9unregistered or unrecorded deed, before that deed is executed, as the case may be.

Annotations

Textual amendments

F1

Words in s. 16(1) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(10)(a) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F2

Words in s. 16(1)(2) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c), sch. 12 Pt. 1 para. 30(12)(a) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F3

Words in s. 16(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(10)(b)(i) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F4

Words in s. 16(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(10)(b)(ii) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F5

Words in s. 16(2) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(10)(b)(iii) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F6

S. 16(3) repealed by Finance Act 1971 (c. 68), Sch. 14, pt. VI

F7

Words in s. 16(4) substituted (28.11.2004) by 2000 asp 5, ss. 76(1), 77(2)(c), sch. 12 Pt. 1 para. 30(12)(b) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2

F8

Words in s. 16(4) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(10)(c)(i) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F9

Words in s. 16(4) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(10)(c)(ii) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

Modifications

C1

Ss. 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

Notes on Part II

Modifications

C1

Pt. II explained by Redemption of Standard Securities (Scotland) Act 1971 (c. 45), s. 2

C2

Pt. II (ss. 9-32) applied (with modifications) (12.4.1993) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 23(6); S.I. 1992/2974, art. 2, Sch.

Pt. II (ss. 9-32) applied (with modifications) (16.7.1993) by S.I. 1993/1516, art. 5

C3

The provisions of Pt. II, other than ss. 9(1) and (2), 12 and 14, applied (with modifications) by S.I. 1987/381, reg. 40(5)