Home Owner and Debtor Protection (Scotland) Act 2010 Explanatory Notes

1. Introduction

2. The Act

   1. Part 1 – Residential Standard Securities Etc.: Creditor’s Rights on Default

      1. Section 1 - residential standard securities: restriction of creditor’s remedies

      2. Section 2 - court applications by creditor for remedies on default

      3. Section 3 - court powers in action for possession of residential property

      4. Section 4 – pre-action requirements

      5. Section 5 – application to court by entitled residents

      6. Section 6 – recall of decree

      7. Section 7 – representation in repossession proceedings

      8. Section 8 – minor and consequential amendments

   2. Part 2 – Sequestration and Trust Deeds

      1. Section 9 – certificate for sequestration

         1. New section 5B – Certificate for sequestration

      2. Section 10 – trust deeds

      3. Section 11 – power in relation to debtor’s family home

      4. Section 12 – abolition of certain requirements to advertise in Edinburgh Gazette

      5. Section 13 – regulations under the 1985 Act

   3. Part 3 – General

3. Parliamentary History