Paragraph 51.2 Applications under Part 6 of the 2012 ActF1

(1)

An application under section 67(2) (warrant to place a caveat) of the 2012 Act shall be made by motion.

(2)

The motion shall—

(a)

identify, by reference to section 67(1) of the 2012 Act, the type of civil proceedings constituted by the action;

(b)

in respect of each plot of land, contain—

(i)

a description of the registered plot of land;

(ii)

the title number; and

(iii)

the name and address of the proprietor;

(c)

where the caveat is to apply only to part of a plot of land, be accompanied by a plan indicating the part so affected.

(3)

An application under the following provisions of the 2012 Act shall be made by motion—

(a)

section 69(1) (renewal of caveat);

(b)

section 70(1) (restriction of caveat);

(c)

section 71(1) (recall of caveat).

Annotations

F1: Sch. 1 Ch. 51 inserted (8.12.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 2) (Miscellaneous) 2014 (S.S.I. 2014/291), paras. 1(2), 3(3)

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)

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