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

Made: 29th September 2010

Coming into force: 30th September 2010

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 commencement

1

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 enactments

2

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

SCHEDULE

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

1

Schedule 6 to the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00002] is amended in accordance with paragraphs 2 and 3.

2

For Forms A to BB, substitute—

3

For Forms E and F, substitute—

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

Signed

ALEX NEIL — Authorised to sign by the Scottish Ministers — 29th September 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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).

Footnotes

[^f00001]: 2010 asp 6.

[^f00002]: 1970 c.35. Schedule 6 was amended by Part 1 of the schedule to the Mortgage Rights (Scotland) Act 2001 (asp 11).

[^f00003]: 2000 asp 11.