Section 19A Notice to occupier of calling-upF1

Scotland

(1)

Where a creditor in a standard security over F2land or a real right in land used to any extent for residential purposes serves a calling-up notice, he shall serve a notice in conformity with Form BB (notice to occupier) of Schedule 6 to this Act together with a copy of the calling-up notice.

(2)

Notices under subsection (1) above shall be sent by recorded delivery letter addressed to “The Occupier” at the security subjects.

(3)

If a creditor fails to comply with subsections (1) and (2) above, the calling-up notice shall be of no effect.

Annotations

Textual amendments

F1: S. 19A inserted (3.12.2001) by 2001 asp 11, s. 4(1) (with s. 5); S.S.I. 2001/418, art. 2 (with transitional provision in art. 3)
F2: Words in s. 19A(1) substituted (28.11.2004) by Title Conditions (Scotland) Act 2003 (asp 9), ss. 122(1), 128(1), 129(2), sch. 14 para. 4(4) (with ss. 119, 121); 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)