Section 13 Provisions of Act to have effect notwithstanding incapacity of debtor. Trustees and others to have powers conferred by Act.
Scotland
The rights and powers F1under a heritable security may be exercised by any creditor, although the debtor or any other creditor holding a security over the same lands, or other person to whom intimation may require or be ordered to be given is F2subject to any legal disability by reason of nonage or otherwise, and any action or proceeding by a creditor in exercise of those rights and powers shall have the same force and effect as it would have had if the debtor, proprietor, other creditor, or other person had been of full age and not subject to any legal incapacity when such action or proceeding was taken; F3and—
any person entitled, within the meaning of Part I of the Children (Scotland) Act 1995, to act as the legal representative of a child; and
trustees
the person entitled to act as the legal representative of any such person,
executors, F5. . ., F6guardians judicial factors, and other officers of court may exercise all or any of the powers conferred by this Act.
Annotations
Textual amendments
- F1
Words in s. 13 substituted (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 12 para. 13(6) (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2
- F2
Words in s. 13 substituted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 23 (with s. 1(3))
- F3
Words in s. 13 substituted (1.11.1996) by 1995 c. 36, s. 105(4), Sch. 4. para. 5; S.I. 1996/2203, art. 3, Sch.
- F4
S. 13(c) inserted (2.4.2001 for specified purposes otherwise 1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 7(a); S.S.I. 2001/81, arts. 2, 3, Sch. 1, Sch. 2
- F5
Words in s. 13 repealed (2.4.2001 for specified purposes otherwise 1.4.2002) by 2000 asp 4, s. 88(2)(3), Sch. 5 para. 7(b), Sch. 6; S.S.I. 2001/81, arts. 2, 3, Sch. 1, Sch. 2
- F6
Word in s. 13 inserted (25.9.1991) by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), ss. 10(1), 11(2), Sch. 1 para. 23 (with s. 1(3))