OpenLegislation

Paragraph 10

Original text. Later amendments are not shown.

(1)

The following provisions of this paragraph shall have effect for the purpose of the application of Rules 12 and 13 and this Schedule to Scotland.

(2)

“Mortgage” means a heritable security and “mortgagee” means the creditor in a heritable security ; “trust” has the meaning assigned to it by the Trusts (Scotland) Act, 1921; and a “heritable security” has the like meaning as in the Conveyancing (Scotland) Act, 1924, except that it includes a security constituted by ex facie absolute disposition but does not include a real burden ad factum praestandum .

(3)

For paragraph 2 of this Schedule there shall be substituted the following paragraph:—

“2

Every transferor of any asset which is transferred by virtue of these Rules shall on the request of the transferee execute all deeds and documents necessary for the completion of the title of the transferee to that asset.”

(4)

Paragraph 6 of this Schedule shall have effect as though the words occurring after the words “of copies thereof” were omitted.