Rights of Entitled Residents
Entitled residents can apply to the court to have repossession proceedings continued. Entitled residents include spouses, civil partners, and parties residing together as husband and wife as civil partners. That entitlement remains for up to 6 months after the debtor has left the secured home if it is the residence of children of the relationship under 16
Recall of Decree
Provision has been made for decrees of repossession to be recalled. Details of the procedure will follow in regulations. This could clearly present practical difficulties for heritable creditors if debtors use this right shortly before arranged evictions.
Provision has been made for debtors in repossession actioned to have lay representation. Regulations will provide for who or what bodies can provide lay representation. We await the regulations with interest as this could well impact on the running of the courts.
Certificates of Sequestration
A new ground of sequestration is being provided where an "authorised person" grants a certificate of sequestration. Scottish Ministers have the power to define who an authorised person is and what fees they can charge. The details of this will again be in regulations and accordingly it is difficult to comment on this provision at this time.
Debtor's homes in sequestration
Previously a sheriff could sist the sale of a debtor's house for 12 months where a sale was sought by the trustee. That period has been extended to three years.
As detailed above much of the practical application of the Act requires the publication of regulation and as yet none of the Act is in force. Further postings will be made when the Act comes into force and the workings of the Act are clearer.