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26.3.—(1) A defender who applies for an order for service of a third party notice may apply for a warrant to use any form of diligence which would have been permitted under rule 13.6 (b) or (c) (warrants for diligence in summonses) had the warrant been sought in a summons in a separate action.
(2) An application for a warrant under paragraph (1) shall be made by motion–
(a)at the time of applying for the third party notice; or
(b)if not applied for at that time, at any stage of the cause thereafter.
(3) A certified copy of the interlocutor granting warrant for diligence applied for under paragraph (2) shall be sufficient authority for execution of the diligence.
(4) A certified copy of the interlocutor containing a warrant for inhibition granted under this rule and a certificate of execution of it may be registered in the Register of Inhibitions and Adjudications.
(5) A notice of the certified copy of the interlocutor containing a warrant for inhibition granted under this rule may be registered under section 155 of the Titles to Land Consolidation (Scotland) Act 1868; and such registration shall have the same effect as registration of a notice under that section.
Commencement Information
I1Sch. 2 rule 26.3 in force at 5.9.1994, see para. 1(1)
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