2001 No. 418 (C. 18)

HOUSING

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

Made

The Scottish Ministers, in exercise of the powers conferred by section 7(1) and (2) of the Mortgage Rights (Scotland) Act 20011 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation1

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 day2

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

Transitional provision3

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 BAILLIEA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

(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.