Statutes which Affect the Register of Inhibitions

Register of Inhibitions

Inhibitions Act 1581 c119 (24)

Particular Registers established and registration therein required for an Inhibition to be effective.

Registration of Hornings Act 1597 cap 269 (36)

Inhibitions may be registered in “Buikes of Councell”.

Act 1600 Cap. 13 (“Anent Hornings”)

Confirms registration is to be in either particular register by Sheriff’s, Baillies or Steward’s clerk or in Books of Council and Session by the Clerk Register.

Courts Act 1672 Cap. 40 (16)

Keeper of Registers to keep Minute Books containing names and designations of parties. The Clerk of the Register or a Deputy shall compare the Minute Books with the Registers quarterly and subscribe the Minutes. 

Registration Act 1693 Cap. 24

The Keeper of Registers to keep Minute Books of all Writs presented in inter alia Register of Inhibitions noting (i) the day and hour of presentation and (ii) the names and designations of the persons presenting the writ.

The Minute to be immediately signed by the Presenter and the Keeper.

Writs to be registered exactly conform to the order of said Minute.

Registration Act 1696 Cap. 18

No diligence to be of any force or effect against anyone except the granters and their heirs, unless duly booked and registered.

Anyone suffering loss by omission or negligence of recording clerks failing to make an entry in the register has an action against the heir and representatives of the clerk.

Act 1828 (9 Geo. IV Cap. 26)

The Offices of the Keeper of the General Register of Sasines and Keeper of the General Register of Hornings and Inhibitions were conjoined. 

Lands Registers (Scotland) Act 1868 Sections 16‑19

All Inhibitions to be registered in General Register of Inhibitions, and no other means of publication is necessary (e.g. at the market cross of a burgh)

Particular Registers of Inhibitions abolished,(but not to affect Particular Registers of Hornings).

Office of Keeper of General Register of Inhibitions to be united with office of Keeper of General Register of Sasines.

One Minute Book and one Index to be kept for Inhibitions, Adjudications and Reductions. Minute Book and Index to be printed and to be patent to the public upon payment of reasonable fees.  Private Searchers have access on behalf of the public.

Court of Session (Scotland) Act 1868 S.18

Warrant to inhibit may be inserted in Will of a Summons which shall have the same effect as Letters of Inhibition. Inhibition may be executed at the same time as the Summons is served or at any time thereafter. Registration in Register of Inhibitions to be sufficient publication. Only Summons, Warrant and Execution need be registered. 

Titles to Land Consolidation (Scotland) Act 1868  Sections 155 to 159

It is competent before or after execution of Inhibition to register a Notice of Inhibition. Where such Inhibition and Execution thereafter shall be registered not later than 21 days from the date of the registration of the Notice, such Inhibition shall take effect from the date when such Notice was registered.

Provides short form of Letters of Inhibition.

No Inhibition shall have effect against acquirenda except in the case of Heir of Entail or other indefeasible title. Inhibition may be recalled by Lord Ordinary. Competent to register Notice of Summons of Reduction. Litigiosity not to begin until registration of Notice. 

Conveyancing (Scotland) Act 1924 S.44

General Register of Inhibitions and Register of Adjudications to be combined under name of Register of Inhibitions and Adjudications.

No action relating to land or to a lease or to a heritable security shall have the effect of making such land, lease or heritable security litigious until Notice registered in the Register of Inhibitions and Adjudications, and no decree in Action of Adjudication and no Abbreviate of such Decree shall have the effect of making such land, lease or heritable security litigious.

All inhibitions and Notices of Litigosity registered after 1st January 1925 shall prescribe on lease of 5 years from the date on which they shall respectively take effect. 

Execution of Diligence (Scotland) Act 1926

Sheriff Officer (or other suitable person, with authority of a Sheriff) to have powers of Messengers‑at‑Arms where there is no resident Messenger. 

Reorganisation of Offices (Scotland) Act 1928

It shall be lawful for the Secretary of State with consent of the Lord President of the Court of Session to appoint a Keeper of the Registers and Records of Scotland. Upon such appointment being made, the whole powers and duties of the Deputy Clerk Register the Keeper of the General Register of Sasines, the Keeper of the Register of Hornings, the Keeper of the Register of Inhibitions and Adjudications, the Keeper of the Register of Entails and the Keeper of the Register of Deeds shall be transferred to and vested in the Keeper of the Registers and Records. On the appointment of such Keeper, the Offices of Keeper of the General Register of Sasines and the before‑mentioned other Keeperships shall cease to exist. 

Public Registers and Records (Scotland) Act 1948

Substitution of a Keeper of the Registers and a Keeper of the Records for the Keeper of the Registers and Records of Scotland.

There shall be transferred to and vested in the Keeper of the Registers of Scotland, the whole functions of the Keeper of the Registers and Records of Scotland with regard to the framing of the General Register of Sasines, the Register of Hornings, the Register of Inhibitions and Adjudications, the Register of Entails and the Register of Deeds. 

Land Registration (Scotland) Act 1979 S.29 (4)

The hour of presentment no longer to be expressed in the presentment book, or minute book effective from 6 April 1981. 

Civil Jurisdiction and Judgments Act 1982 S.27

The Court of Session may grant a warrant to inhibit over any property situated in Scotland on the dependence of proceedings commenced (or about to commence) in England, Wales and Northern Ireland or any contracting state under the 1968 Convention or 1971 Accession Convention. 

Criminal Justice (Scotland) Act 1987

Under S.ll on the application of the Lord Advocate, the Court of Session, in respect of heritable realisable property inScotland, grant warrant for Inhibition against any person interdicted by a restraint order or, in relation to that property, under Section 12 of the Act. 

Bankruptcy and Diligence etc. (Scotland) Act 2007

Bankruptcy (Scotland) Act 2016

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 22nd March 2016 and received Royal Assent on 28th April 2016

It is an Act of the Scottish Parliament to consolidate the Bankruptcy (Scotland) Act 1985, the Bankruptcy (Scotland) Act 1993, Part 1 of the Bankruptcy and Diligence etc. (Scotland) Act 2007, Part 2 of the Home Owner and Debtor Protection (Scotland) Act 2010, the Bankruptcy and Debt Advice (Scotland) Act 2014, the Protected Trust Deeds (Scotland) Regulations 2013 and related enactments. This Act did not change sequestration law in Scotland: rather, as a consolidating Act, it amalgamated the terms of the various Acts referred to above into a single item of legislation.

Register of Adjudications

Adjudications Act 1672 Cap. 19(45)

Adjudication created (in substitution for an action of apprising, which ceased to be competent). Adjudication is completed by recording an Abbreviate in this Register if Abbreviate or Extract Decree is recorded in Sasine Register, which is the usual practice. 

Courts Act 1672 Cap. 40 (16)

Keeper of Registers to keep Minute Books containing names and designations of parties. The Clerk of the Register or a deputy shall compare the Minute Books with the Registers quarterly and subscribe the Minutes.

Registration Act 1693 Cap. 24

The Keeper of Registers to keep Minute Books of all Writs presented in, inter alia, Register of Adjudications noting (i) the day and hour of presentation and (ii) the names and designations of the persons presenting the writ.

The Minute to be immediately signed by the presenter and the Keeper. Writs to be registered exactly conform to the order of said Minute Book. 

Registration Act 1696 Cap. 18

No diligence shall be of any force or effect against anyone except the granters and their heirs, unless duly booked and registered. Anyone suffering loss due to omission (or negligence) of Clerks to make an entry in the Register has an action against the heirs and representatives of the Clerk.

Court of Session (Scotland) Act 1838 (VI & 2 (c.118))

The Office of the Keeper of the Register of Abbreviates of Adjudications shall be abolished and the duties thereof performed by the Keeper of Hornings and Inhibitions. 

Land Registers (Scotland) Act 1868 S.17

Office of Keeper of General Register of Hornings, Inhibitions and Adjudications to be united with the Office of Keeper of the General Register of Sasines. Keeper to keep only one Minute Book for Inhibitions and Adjudications and Reductions and one Index. Such Minute Book and Index shall be printed and made patent to the public on payment of reasonable fees. Private Searchers have access on behalf of the public.

Titles to Land Consolidation (Scotland) Act 1868 S.159

Competent to register in the Register of Adjudications a Notice of Summons of Adjudication or of Constitution and Adjudication setting forth the names and designations of the pursuer and defender and the date of signeting of such summons.

No Summons of Adjudication &c. shall have any effect in rendering lands litigious until after the date of registration of such Notice. 

Conveyancing (Scotland) Act 1924 S.44

General Register of Inhibitions and Register of Adjudications to be combined and Keeper thereof shall keep only one Register of Inhibitions, Adjudications, Reductions and Notices of Litigiosity, Such Register to be called the Register of Inhibitions and Adjudications.

No action relating to land or to a lease or to a heritable security shall have the effect of making such land, lease or heritable security litigious until Notice registered in the Register of Inhibitions and Adjudications, and no decree in Action of Adjudication and no Abbreviate of such Decree shall have the effect of making such land, lease or heritable security litigious.

All notices of litigiosity registered after 1st January 1925 shall prescribe on lapse of five years from the date on which they shall respectively take effect. 

Reorganisation of Offices (Scotland) Act 1928

(see above)

Public Registers and Records (Scotland) Act 1948

(see above)

Land Registration (Scotland) Act 1979 S.29 (4)

(see above)

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

Schedule 2,Para. 4 & 5 ‑ Form of existing Notices of Litigiosity (S159 and Schedule RR of the Titles to Land Consolidation (Scotland) Act 1868) amended to allow for the insertion in the Statutory Notice of a description of the lands to which the Notice relates.

S.8(7) Competent to register in the Register of Inhibitions and Adjudications a Notice of an Application (to the Court of Session or the Sheriff) for the rectification of a deed relating to land. The land to which the application relates is then rendered litigious from the date of registration. 

Sequestration

Bankruptcy (Scotland) Act 1913

Abbreviate of (a) Sequestration, (b) the Trustees Act and Warrant, and (c) the Discharge of the Bankrupt &c. to be recorded in the Register of Inhibitions and Adjudications. 

Conveyancing (Scotland) Act 1924 S.44

On the Lapse of five years from 1st January 1925, power to renew Abbreviates of Sequestration shall apply to Sequestrations granted under the Bankruptcy Act of 1856 and still subsisting as well as to sequestrations awarded under the Act of 1913, as if the Abbreviate under the Act of 1856 had been recorded at 1st January 1925.

No deed granted or expede by a bankrupt relative to any land, lease or heritable security belonging to him at the date of his sequestration or subsequently acquired by him shall be challengeable on the ground of such sequestration if such deed shall have been granted or expede or shall come into operation when the effect of recording an Abbreviate shall have expired, unless the Trustee in Sequestration shall have completed his title. 

Bankruptcy (Scotland) Act 1985

Certified Copy Interlocutors (a) granting warrant to cite (b) awarding Sequestration (on debtors petition only) (c) Memorandum for renewal (after three years) (d) refusing Sequestration (e) recalling Sequestration (f) discharging debtor or (g) deferring discharge (otherwise automatic after 3 years) to be recorded in the Register of Inhibitions and Adjudications.

Notice of Trust Deed by Trustee under Trust Deed and Notice of Recall of said Trust Deed by Trustee under Trust Deed also recorded. Such Notices have the same effect as Letters of Inhibition. (S59, Sch 5 Paras 2 (1) and (2)).

Section 63 grants to the Sheriff wide curative powers in relation to sequestration of a debtor’s estate which has been awarded under the Bankruptcy (Scotland) Act 1913, the debtor not yet being discharged (S75 (5)).

Transitional rules exist governing Bankruptcies existing under 1913 Act but discharged or renewed after 1985 Act comes into force on 1st April 1986 (S.74, S.75)­

Insolvency Act 1986

Under Section 61(1), the receiver may apply to the court for authority to sell or dispose of property or interest in property affected or attached by effectual diligence.

The Act provides for the making of an Administration Order in relation to a Company, and the dismissal or discharge of such orders. Recording of Notices of such orders publicises the fact that a petition has been presented to the court and an Administration order made. They have, however, no inhibitory effect and unlike inhibitions do not prescribe after five years.

S.426 provides reciprocal rules for registering English and Irish Bankruptcy Orders in the Register of Inhibitions and Adjudications. 

Bankruptcy (Scotland) Act 1993

The primary aim of the above Act is to improve the administration of sequestrations by involving the Accountant in Bankruptcy more closely in sequestrations which are likely to involve public expenditure. The post of Account of Court and Accountant in Bankruptcy, which were formerly combined, will now be separate and the Accountant of Court will not be involved in the administration of sequestrations. Parts of the Act came into force on 18 February 1993 (when the Act received the Royal Assent) and the remainder of the Act came into force on 1 April 1993.

The Act contains a number of detailed provisions which amend the Bankruptcy (Scotland) Act 1985. Most have little or no relevance to the work of ROS (e.g. new summary procedures to simplify the administration of cases where there are few assets) and are not commented upon here.

Bankruptcy (Scotland) Act 2016

(see above)