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Valid from 28/11/2004
4(1)The Conveyancing and Feudal Reform (Scotland) Act 1970 shall be amended in accordance with this paragraph.S
(2)In section 9 (which introduces the standard security)—
(a)after subsection (2A) there shall be inserted—
“(2B)It shall not be competent to grant a standard security over a personal pre-emption burden or personal redemption burden (both within the meaning of Part 4 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5).”; and
(b)in subsection (8)(b), for the definition of “interest in land” there shall be substituted—
““real right in land” means any such right, other than ownership or a real burden, which is capable of being held separately and to which a title may be recorded in the Register of Sasines;”.
(3)In section 19 (calling-up of standard security), in subsection (4), for the words “infeft in” there shall be substituted . “ “having title to” ”
(4)In section 19A(1) (notice to occupier of calling up), for the words “an interest” there shall be substituted . “ “land or a real right” ”
(5)In section 24(3) (application by creditor for remedies on default), for the words “an interest” there shall be substituted . “ “land or a real right” ”