S7.2.3 Execution

In this context, Execution has nothing to do with the signing of a deed but has a legal/technical connotation in Scots Law when referring to recovery of debt.

When a debtor in an obligation fails to fulfil that obligation and pay the debt, the creditor can take action against the debtors' property to secure payment - this is known as diligence. Before the creditor can do diligence, he must acquire a decree from the Court giving authorisation.

To shorten this procedure, many deeds contain a consent to Registration for Execution and are registered either in the Books of Council and Session, or in the Books of the Sheriff Court that had jurisdiction over the debtor.

The original deed is retained in the Register and an extract is issued to the creditor, on which is written a warrant, signed by the Keeper, which grants authority for the Lords of Session (or the Sheriff, if appropriate) for all lawful execution. If the debtor defaults, the creditor can use the extract as authority for diligence against the debtors' property without having to go to Court. The extract, together with the Warrant, is equivalent to a Court Decree. The diligence authorised by the Warrant is known as Summary Diligence, as it proceeds without Court action. Many deeds submitted to Sasines contain consent to execution without the relevant box (box 9) being checked on the SAF. This is perfectly acceptable and means that if it is later desired, the deed can be recorded for execution.