SCHEDULES

first schedule ORDINARY CAUSE RULES 1993

Special provisions in relation to particular causes

CHAPTER 34ACTIONS RELATING TO HERITABLE PROPERTY

PART II REMOVING

F1 Applications under the Mortgage Rights (Scotland) Act 2001

34.12.

(1)

In an action to which rule 3.2(3) applies, an application under either of the following provisions of the Mortgage Rights (Scotland) Act 2001 shall be made by minute in the action:–

(a)

section 1(2)(application to the court for an order under section 2);

(b)

section 2(5)(application to vary or revoke an order or to further continue proceedings).

(2)

Any such minute may be lodged by a person who is entitled to make an application even although that person has not been called as a defender and such a person may appear or be represented at any hearing to determine the application.