- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
In section 40 (power in relation to family home) of the 1985 Act—
(a)in subsections (1), (2) and (3), after “trustee” in each place where it occurs insert “or the trustee acting under the trust deed”,
(b)in subsection (2), for “twelve months” substitute “3 years”,
(c)after subsection (3) insert—
“(3A)Before commencing proceedings to obtain the authority of the sheriff under subsection (1)(b) the trustee, or the trustee acting under the trust deed, must give notice of the proceedings to the local authority in whose area the home is situated.
(3B)Notice under subsection (3A) must be given in such form and manner as may be prescribed by the Scottish Ministers.”, and
(d)in subsection (4)—
(i)after paragraph (b), insert—
“(ba)“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);”, and
(ii)in paragraph (d), after “sequestration” insert “or, as the case may be, the day immediately preceding the date the trust deed was granted”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: