2010 No. 318

Housing

The Home Owner and Debtor Protection (Scotland) Act 2010 (Consequential Provisions) Order 2010

Made

Coming into force

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 20101, 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 commencement1

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 enactments2

The amendments specified in Parts 1 and 2 of the Schedule to this Order have effect.

ALEX NEILAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULE

Article 2

PART 1AMENDMENT OF THE CONVEYANCING AND FEUDAL REFORM (SCOTLAND) ACT 1970

1

Schedule 6 to the Conveyancing and Feudal Reform (Scotland) Act 19702 is amended in accordance with paragraphs 2 and 3.

2

For Forms A to BB, substitute—

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3

For Forms E and F, substitute—

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PART 2AMENDMENT OF THE MORTGAGE RIGHTS (SCOTLAND) ACT 2001

1

Part 2 of the Schedule to the Mortgage Rights (Scotland) Act 20013 is amended in accordance with paragraph 2.

2

For Forms 1 and 2, substitute─

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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).