Conveyancing and Feudal Reform (Scotland) Act 1970

[F1 24D Section 24(1B) proceedings: recall of decree S

(1) A person mentioned in subsection (2) below may apply to the court for recall of a decree granted on an application under section 24(1B) of this Act.

(2) Those persons are—

(a) the creditor;

(b) the debtor, but only if the debtor did not appear and was not represented in the proceedings on the application under section 24(1B);

(c) an entitled resident, but only if the entitled resident did not make an application under section 24B(1) in the proceedings.

(3) An application under subsection (1) may be made at any time before the decree has been fully implemented.

(4) An application by any person under subsection (1) above is not competent if an application under that subsection has already been made by that person in relation to the application under section 24(1B).

(5) An applicant under subsection (1) above must give notice of the application to—

(a) the creditor (unless the applicant is the creditor);

(b) the debtor (unless the applicant is the debtor);

(c) every entitled resident (or, if the applicant is an entitled resident, every other entitled resident).]

Textual Amendments

F1 S. 24D inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 6(1), 17(3) (with s. 14); S.S.I. 2010/314, art. 3 (subject to transitional and saving provisions in S.S.I. 2010/316, arts. 4-7)