Titles to Land Consolidation (Scotland) Act 1868

[F1 155 Date on which inhibition takes effect U.K.

(1) An inhibition has effect from the beginning of the day on which it is registered unless the circumstances referred to in subsection (2) below apply.

(2) Those circumstances are—

(a) a notice of inhibition is registered in the Register of Inhibitions;

(b) the schedule of inhibition is served on the debtor after that notice is registered; and

(c) the inhibition is registered before the expiry of the period of 21 days beginning with the day on which the notice is registered.

(3) In those circumstances the inhibition has effect from the beginning of the day on which the schedule of inhibition is served.

(4) A notice of inhibition must be in (or as nearly as may be in) the form prescribed.]

Textual Amendments

F1 S. 155 substituted (S.) (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. 149, 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))

Modifications etc. (not altering text)

C1 S. 155 applied by S.I. 2005/3181, art. 141ZH(4) (as inserted (11.11.2013) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013 (S.I. 2013/2604), arts. 1(1), 3)

C2 S. 155 applied by 2002 c. 29, s. 396O(4) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 5, 58(1)(6); S.I. 2018/78, reg. 3(a))

C3 S. 155 applied by S.I. 2013/2605, art. 46N (as inserted (S.) (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 14)