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Section 159A Registration of notice of summons of action of reductionF1

United Kingdom

(1)

This section applies where a pursuer raises an action of reduction of a conveyance or deed of or relating to lands granted in breach of an inhibition.

(2)

The pursuer shall, as soon as is reasonably practicable after the summons in the action is signeted—

(a)

register a notice of that signeted summons in accordance with section 159 of this Act; and

(b)

F2... record in the Register of Sasines a copy of that notice.

(3)

Where a decree of reduction is not obtained in the action to which the notice relates, the pursuer shall, as soon as is reasonably practicable—

(a)

register in the Register of Inhibitions; and

(b)

F3... record in the Register of Sasines,

a discharge of that notice in (or as nearly as may be in) the form prescribed.

(F44)

This section does not apply in relation to lands for which there is a title sheet in the Land Register of Scotland.

Annotations

Textual amendments

F1

S. 159A inserted (1.4.2008 for specified purposes, 22.4.2009 in so far as not already in force) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 162, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(4), sch. 3 (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3); S.S.I. 2009/67, art. 3(1)(a) (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))

F2

Words in s. 159A(2)(b) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 6(3)(a) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F3

Words in s. 159A(3)(b) repealed (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 6(3)(a) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2

F4

S. 159A(4) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 6(3)(b) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2