HC Deb 16 June 1958 vol 589 cc776-7
The Lord Advocate (Mr. W. R. Milligan)

I beg to move, in page 43, line 27, to leave out subsection (5) and to insert: (5) In the application of this section to Scotland—

  1. (a) for references to a mortgage, to a mortgagor and to a mortgagee there shall be 777 substituted respectively references to a heritable security, to a debtor in a heritable security and to a heritable creditor;
  2. (b) for references to the first mortgagee there shall be substituted references to that heritable creditor whose security has priority over any other heritable securities secured on the same interest; and
  3. (c) for any reference to the application of a sum as if it were proceeds of sale there shall be substituted a reference to the application of a sum as if it were the price realised on the sale by a heritable creditor of land subject to a heritable security.
This is the first of a number of Scottish Amendments with which I do not think the House need be unduly delayed in considering. Perhaps it would be for the convenience of the House were Ito mention that the Amendments in page 51, line 45, and in page 52, lines 1, 5, 14 and 18 are all consequential, and perhaps I may be permitted to move them formally when we come to them.

The Amendment now before the House is intended, really, to tidy up the Clause. A heritable creditor in possession is dealt with under Clause 40 (5), and a heritable creditor not in possession is dealt with in Clause 48 (6), and by the artifice of the draftsman we have now brought them both into Clause 40 (5). As a result, the party interested will be able to receive compensation direct from the Coal Board.

Amendment agreed to.