This Order makes transitional and saving provisions in connection with the coming into force of the provisions of the Home Owner and Debtor Protection (Scotland) Act 2010.
Where an application has been made to court before 30th September 2010, the existing arrangements under the Heritable Securities (Scotland) Act 1894, the Conveyancing and Feudal Reform (Scotland) Act 1970 and the Mortgage Rights (Scotland) Act 2001 continue to apply in respect of that application.
Where a calling-up notice or notice of default has been served before 30th September 2010, the requirement introduced by the 2010 Act, that the creditor make a court application for warrant to exercise rights on default, does not apply. This means that the creditor may continue to enforce such a calling-up notice or notice of default without going to court. However, if the creditor does not apply to court before 30 Spetember 2010, the provisions of Part 1 of the 2010 Act will apply and the procedure for court applications introduced by the 2010 Act must be followed.
The 2010 Act also imposes pre-action requirements that must be complied with as soon as is reasonably practicable after the default. However, where the default occurs before 30th September 2010, but the court action is raised on or after that date, those requirements are modified to require compliance as soon as reasonably practicable on or after 30th September 2010 (where the material has not already been provided).
OPSI, 9 September 2010