Draft Order laid before the Scottish Parliament under section 15(3) of the Home Owner and Debtor Protection (Scotland) Act 2010, for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
2010 No.
Housing
The Home Owner and Debtor Protection (Scotland) Act 2010 (Consequential Provisions) Order 2010
Made
Coming into force
2010
The Scottish Ministers make the following Order in exercise of the powers conferred by section 15(1)(a) and (2) of the Home Owner and Debtor Protection (Scotland) Act 2010(1), and all other powers enabling them to do so.
In accordance with section 15(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. This Order may be cited as the Home Owner and Debtor Protection (Scotland) Act 2010 (Consequential Provisions) Order 2010 and comes into force on the day after the day on which it is made.
Amendment of enactments
2. The amendments specified in Parts 1 and 2 of the Schedule to this Order have effect.
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
Date
Article 2
SCHEDULE
PART 1AMENDMENT OF THE CONVEYANCING AND FEUDAL REFORM (SCOTLAND) ACT 1970
1. Schedule 6 to the Conveyancing and Feudal Reform (Scotland) Act 1970(2) is amended in accordance with paragraphs 2 and 3.
2. For Forms A to BB, substitute—
“
”
3. For Forms E and F, substitute—
“
”
PART 2AMENDMENT OF THE MORTGAGE RIGHTS (SCOTLAND) ACT 2001
1. Part 2 of the Schedule to the Mortgage Rights (Scotland) Act 2001(3) is amended in accordance with paragraph 2.
2. For Forms 1 and 2, substitute─
“
”
EXPLANATORY NOTE
(This note is not part of the Order)
This Order makes consequential provisions in connection with the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6).
Regulation 2 provides that the amendments set out in Parts 1 and 2 of the Schedule have effect.
Part 1 of the Order substitutes various forms which are set out in Schedule 6 to the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) and which must be served in the context of default on; calling up of; and application to the court in relation to a standard security.
Part 2 of the Order substitutes forms which are set out in Part 2 of the schedule to the Mortgage Rights (Scotland) Act 2001 (asp 11) and which must be served in the context of applications by creditors under section 5(1) of the Heritable Securities (Scotland) Act 1894 (c.44).
1970 c.35. Schedule 6 was amended by Part 1 of the schedule to the Mortgage Rights (Scotland) Act 2001 (asp 11).