SCHEDULES
SCHEDULE 5 Procedures as to Redemption
FORM D
No. 1 Certificate of Consignation on Redemption of Standard Security where Discharge cannot be Obtained
Words in Sch. 5 Form D No. 1 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4, para. 46(a) (with ss. 9(3)(5)(7), 13, 14(3))
Note for Sch. 5 Form D Nos. 1 and 2 added (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4, para. 46(b) (with ss. 9(3)(5)(7), 13, 14(3))
Words in Sch. 5 Form D Nos. 1 and 2 Notes substituted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(23)(c)(i) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
Words in Sch. 5 Form D Nos. 1 and 2 Notes inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(23)(c)(ii) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
I, A.B. (designation) (solicitor) certify that consignation of the whole amount due under the standard security aftermentioned was made as after stated and was necessitated by reason of a discharge being unobtainable after due notice of redemption had been given.
STANDARD SECURITY for £ (or a maximum of £; in other cases describe as indicated in Note 2 to Schedule 4 to this Act) by C.D. in favour of E.F. F5registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….)
AMOUNT CONSIGNED £, being £ of principal, £ of interest and £ in respect of ascertained expenses.
BANK IN WHICH CONSIGNED (specify bank or branch of bank with address, in which above amount consigned) conform to deposit receipt dated .................. in name of the person appearing to have the best right thereto (specifying his name and designation if known) (or if he is only a partial creditor sayto the extent of £ ).
F1Testing clause+
F2+Note— F6In the case of a traditional document, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 F7, which also makes provision as regards the authentication of an electronic document).
No. 2 Certificate of Declarator of Performance of Debtor’s Obligations under Standard Security where Discharge cannot be obtained
Words in Sch. 5 Form D No. 2 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 46(a) (with ss. 9(3)(5)(7), 13, 14(3))
Note for Sch. 5 Form D Nos. 1 and 2 added (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 46(b) (with ss. 9(3)(5)(7), 13, 14(3))
I, A.B. (designation) (solicitor) certify that a decree of declarator of performance of the obligations of the debtor under the standard security aftermentioned was pronounced as after stated and was necessitated by reason of a discharge being unobtainable after due notice of redemption had been given.
STANDARD SECURITY by C.D. in favour of E.F. F5registered in the Land Register of Scotland on…..over title number…..(or recorded in the Register for……on…….)
DECREE OF DECLARATOR by the Sheriff of .................. at .................. in the application of the said C.D. (or J.K. (designation), who is now the debtor (or the proprietor of the interest in land contained) in the said standard security.)
F3Testing clause+
F4+Note— F6In the case of a traditional document, subscription of it by the granter will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995 F7, which also makes provision as regards the authentication of an electronic document ).
Words in Sch. 5 Form D Nos. 1 and 2 substituted by virtue of (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 17(23)(b) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2