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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111009604

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 15(3) of the Home Owner and Debtor Protection (Scotland) Act 2010, for approval by resolution of the Scottish Parliament.

Housing

Made

Coming into force 2010

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 2010f1, 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.

Annotations to the whole text

Footnotes

f1

2010 asp 6.

Contents

  1. 1Citation and commencement
  2. 2Amendment of enactments
  3. Signature
  4. Schedule
  5. Part 1: AMENDMENT OF THE CONVEYANCING AND FEUDAL REFORM (SCOTLAND) ACT 1970
  6. 1Paragraph 1
  7. 2Paragraph 2
  8. 3Paragraph 3
  9. Part 2: AMENDMENT OF THE MORTGAGE RIGHTS (SCOTLAND) ACT 2001
  10. Explanatory note

1Citation and commencement

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.

2Amendment of enactments

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

Signature

   

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

1

Schedule 6 to the Conveyancing and Feudal Reform (Scotland) Act 1970f1 is amended in accordance with paragraphs 2 and 3.

2

For Forms A to BB, substitute—

“”

3

For Forms E and F, substitute—

“”

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).