Conveyancing and Feudal Reform (Scotland) Act 1970

[F124BSection 24(1B) applications: application to court by entitled residentsS

(1)An entitled resident may, in proceedings on an application under section 24(1B) of this Act, apply to the court to continue the proceedings or make any other order that the court thinks fit, despite not being called as a defender in the application.

(2)In determining an application under subsection (1) above the court is to have regard in particular to the matters set out in subsection (7) of section 24, reading the first reference to the debtor in paragraph (b) as including a reference to the entitled resident.

(3)Subsection (2) above does not affect—

(a)any power that the court may have; or

(b)any rights that an entitled resident may have,

under any other enactment or rule of law.]

Textual Amendments

F1Ss. 24B, 24C inserted (30.9.2010) by Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6), ss. 5(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)