Explanatory Notes

Mortgage Rights (Scotland) Act 2001

2001 asp 11

25 July 2001

The Act

Outline of the  Act

Section 3 Registration of order under section 2

18.Section 3 seeks to avoid the risk of a fraudulent or accidental sale by a creditor in the face of a section 2 order suspending that creditor’s rights of enforcement by requiring the clerk of the court to send a notice about the order, with a certified copy of the order attached, to the Keeper of the Register of Inhibitions and Adjudications (Registers of Scotland) for recording. Section 3 gives the Scottish Ministers power to prescribe the form and content of the notice that must be sent to the Keeper.