Scottish Statutory Instruments

2001 No. 418 (C. 18)

HOUSING

The Mortgage Rights (Scotland) Act 2001 (Commencement and Transitional Provision) Order 2001

Made

8th November 2001

The Scottish Ministers, in exercise of the powers conferred by section 7(1) and (2) of the Mortgage Rights (Scotland) Act 2001(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Mortgage Rights (Scotland) Act 2001 (Commencement and Transitional Provision) Order 2001.

(2) In this Order “the Act” means the Mortgage Rights (Scotland) Act 2001.

Appointed day

2.  The day appointed for the coming into force of the Act is 3rd December 2001.

Transitional provision

3.  The Act shall not apply in a case where–

(a)a notice as mentioned in section 1(1)(a) of the Act is served;

(b)the application as mentioned in sub-paragraph (b) of that subsection is made; or

(c)the proceedings as mentioned in sub-paragraph (c) of that subsection are commenced;

before 3rd December 2001.

J M BAILLIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

8th November 2001

Explanatory Note

(This note is not part of the Order)

This Order appoints 3rd December 2001 as the day on which the Mortgage Rights (Scotland) Act 2001 (“the Act”) will come into force (article 2).

Article 3 makes transitional provision in respect of notices, applications and proceedings referred to in section 1(1) of the Act that have been served, made or commenced prior to 3rd December 2001. The Act will not apply in those circumstances.