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Mortgage Repossessions (Protection of Tenants etc) Act 2010

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2Notice of execution of possession order

(1)This section applies where the mortgagee under a mortgage of land which consists of or includes a dwelling-house has obtained an order for possession of the mortgaged property.

(2)The order may be executed—

(a)only if the mortgagee gives notice at the property of any prescribed step taken for the purpose of executing the order, and

(b)only after the end of a prescribed period beginning with the day on which such notice is given.

(3)“Prescribed” means prescribed by regulations made by the Secretary of State.

(4)Regulations made by the Secretary of State may prescribe the form of notices and the way in which they must be given.

(5)The regulations may make supplementary, incidental, transitional or saving provision.

(6)Regulations under this section may be made only with the consent of the Lord Chancellor.

(7)Regulations under this section are to be made by statutory instrument.

(8)A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

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