Conveyancing and Feudal Reform (Scotland) Act 1970

36 Alteration of periods during which sale of land held in security is to be advertised. S

For section 38 of the Act of 1924 there shall be substituted the following section—

“38 Periods during which, and newspapers in which, advertisement required.

(1) An advertisement for the purposes of an exposure to sale shall be inserted at least once weekly during a period of not less than three consecutive weeks in accordance with the provisions of this section, and the exposure to sale so advertised shall take place within a period of fourteen days beginning with the day following the day of the publication of the third advertisement required under this subsection.

(2) An advertisement for the purposes of an offer for sale by privat bargain shall be inserted in like manner during a period of not less than two consecutive weeks, and it shall be a requirement of a competent sale that an enforceable contract to sell shall be concluded within a period of twenty-eight days beginning with the day following the day of the publication of the second advertisement required under this subsection.

(3) Insertion of an advertisement for the purposes of the two foregoing subsections shall be as follows, that is to say—

(a) in the case of land situated in the county of Midlothian, in at least one daily newspaper published in Edinburgh;

(b) in the case of land situated in the county of Lanark, in at least one daily newspaper published in Glasgow;

(c) in the case of land situated elsewhere in Scotland, in at least one daily newspaper published in Scotland circulating in the district where the land or the main part thereof is situated and in at least one newspaper (if any) circulating as aforesaid and published either in the county in which the land, or any part thereof, is situated or in a county (being a county in Scotland) adjacent to that county.

(4) A copy of an advertisement required by this section shall, when supported by a certificate of publication by the publisher, printer, or editor of the newspaper in which that advertisement is inserted, be sufficient evidence of the insertion and publication thereof.

(5) For the purposes of this section—

(a) “a week”means the period between midnight on Saturday night and midnight on the succeeding Saturday night, and

(b) “exposure to sale” and “offer for sale” respectively include re-exposure to sale and re-offer for sale.”

Modifications etc. (not altering text)

C1 The text of ss. 2(7), 36, 37, 39, 46, 50, 52(2)(3), Sch. 10 paras. 1, 2–4, 5 and Sch. 11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.