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BUSINESS BULLETIN 97 / 2001

Wednesday 13 June 2001

Section G - Bills: Notices and Amendments

 

 

Mortgage Rights (Scotland) Bill – Stage 3

Section 1

   Cathie Craigie

1 In section 1, page 1, line 25, leave out from <but> to end of line

   Cathie Craigie

2 In section 1, page 1, line 25, at end insert—

<(c) a person living together with the debtor or the proprietor as husband or wife or in a relationship which has the characteristics of the relationship between husband and wife except that the persons are of the same sex, if the security subjects (in whole or in part) are that person’s sole or main residence,

(d) a person who has lived together with the debtor or the proprietor as mentioned in paragraph (c), if—

(i) the security subjects (in whole or in part) are the sole or main residence of that person but not of the debtor or, as the case may be, the proprietor,

(ii) that person lived together with the debtor or the proprietor as mentioned in that paragraph throughout the period of 6 months ending with the date on which the security subjects ceased to be the sole or main residence of the debtor or the proprietor, and

(iii) the security subjects (in whole or in part) are the sole or main residence of a child under the age of 16 years who is a child of that person and of the debtor or the proprietor.

(2A) In paragraph (d)(iii) of subsection (2), "child" includes a stepchild and any person brought up or treated by the person mentioned in that paragraph and the debtor or the proprietor as their child.>

   Cathie Craigie

3 In section 1, page 2, line 10, at end insert <, and

(c) any person entitled to make an application under subsection (2) by virtue of paragraph (c) or (d) of that subsection>

   Cathie Craigie

4 In section 1, page 2, line 24, leave out from beginning to <proprietor,>

   Cathie Craigie

5 In section 1, page 2, line 27, at end insert—

<(a) any person entitled to make an application under subsection (2) of section 1 (application to suspend enforcement of standard security) of the Mortgage Rights (Scotland) Act 2001 (asp 00) by virtue of paragraph (c) or (d) of that subsection, and

(b) where the debtor in the standard security is not the proprietor—>

After section 2

   Cathie Craigie

6 After section 2, insert—

<Registration of order under section 2

(1) Where the court makes an order under section 2 the clerk of court must, as soon as possible, send to the Keeper of the Register of Inhibitions and Adjudications, for recording in that Register—

(a) a certified copy of the order, and

(b) a notice complying with subsection (2).

(2) A notice referred to in subsection (1)(b)—

(a) must be in such form, and

(b) must contain such particulars of the order, the proceedings in which it was made and the standard security,

as may be prescribed by the Scottish Ministers by order made by statutory instrument.

(3) A statutory instrument containing an order under subsection (2) is subject to annulment in pursuance of a resolution of the Scottish Parliament.>

Schedule 1

   Cathie Craigie

7 In the schedule, page 7, line 7, after <spouse> insert <or partner>

   Cathie Craigie

8 In the schedule, page 8, line 26, after <spouse> insert <or partner>

   Cathie Craigie

9 In the schedule, page 9, line 33, after <spouse> insert <or partner>

 

Proposals for Members’ Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters’ names shown in bold. The member who lodged such a proposal has the right to introduce a Member’s Bill to give effect to that proposal under rule 9.14.

Donald Gorrie: Proposed Protection from Sectarianism Bill—Proposal for a Bill to make sectarian behaviour an aggravation of a criminal offence and to create a code of conduct on tackling sectarian behaviour. (lodged 12 June 2001)

Supported by:

Nora Radcliffe, Robert Brown, Margo MacDonald, Alex Neil, Lloyd Quinan, Tommy Sheridan, Margaret Smith, Iain Smith, Ian Jenkins, John McAllion.

 
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