SCHEDULES

SCHEDULE 8 Amendment of Enactments

Part II Miscellaneous

The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)

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1

In section 6(3)(e) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (occupancy rights after dealing with third parties)—

a

the words “, at or before the time of the dealing,” shall cease to have effect; and

b

in sub-paragraph (i)—

i

after the word “not” there shall be inserted “ or were not at the time of the dealing ”; and

ii

after the word “has” there shall be inserted “ or had ”.

2

In section 8 of that Act (interests of heritable creditors)—

a

in subsection (2), the words “before the granting of the loan” shall cease to have effect; and

b

in subsection (2A)—

i

the words “at or before the granting of the security” shall cease to have effect;

ii

after the word “not” in paragraph (a) there shall be inserted “ or were not at the time of the granting of the security ”; and

iii

after the word “has” in paragraph (a) there shall be inserted “ or had ”.