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Rule 27.6 Forms of bonds of caution and other securitiesC1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A bond of caution shall oblige the cautioner, his heirs and executors to make payment of the sums for which he has become cautioner to the party to whom he is bound, as validity and in the same manner as the party and his heirs and successors, for whom he is cautioner, are obliged.

(2)

A bond of caution or other security document given F1 by a person shall state whether that person is an “authorised person” within the meaning of section 31 of the Financial Services and Markets Act 2000.

Annotations

Textual amendments

F1

Words in Sch. 1 rule 27.6(2) substituted (1.2.2005) by Act of Sederunt (Ordinary Cause Rules) Amendment (Caution and Security) 2005 (S.S.I. 2005/20), art. 2(3)

Modifications

C1

Rule 27.6 applied (with modifications) (1.1.1994) by S.I. 1993/3128, para. 3(2).

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1

Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2

C2

Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))

C3

Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5