Land And Conveyancing Law Reform Act 2009

8.

Amendments and repeals.

8.— (1) Each provision specified in column (2) of Schedule 1 opposite the mention in column (1) of that Schedule of an enactment is amended in the manner specified in column (3).

(2) Subject to subsection (1), and without prejudice to section 26(2)(f) of the Act of 2005—

(a) any reference in an enactment to—

(i) the Settled Land Acts 1882 to 1890,

(ii) an Act included in that collective citation, or

(iii) any provision of such an Act,

shall be construed as a reference to this Act or to the equivalent or substituted provision of this Act, as may be appropriate,

(b) any reference in an enactment to—

(i) the Conveyancing Acts 1881 to 1911, or

(ii) an Act (other than an Act repealed by this Act) included in that collective citation,

shall be construed as including a reference to this Act, and

(c) any reference in an enactment to—

(i) an Act that is included in the collective citation “the Conveyancing Acts 1881 to 1911” and that isrepealed by this Act, or

(ii) any particular provision of such an Act,

shall be construed as a reference to this Act or to the equivalent or substituted provision of this Act.

(3) Each enactment specified in column (2) of Schedule 2 isrepealed to the extent specified in column (3) of that Schedule.

Annotations

Modifications (not altering text):

C2

Provisions amended and repealed under subss. (1), (3) and schs. 1, 2 deemed to continue to apply to mortgages created prior to 1 December 2009 notwithstanding their amendment and repeal (24.07.2013) by Land and Conveyancing Law Reform Act 2013 (30/2013), s. 1, commenced on enactment.

Application of certain statutory provisions

1. (1) This section applies to a mortgage created prior to 1 December 2009.

(2) As respects a mortgage to which this section applies, the statutory provisions apply and may be invoked or exercised by any person as if those provisions had not been repealed by section 8(3) and Schedule 2 of the Act of 2009.

(3) As respects a mortgage to which this section applies the amended provisions apply and may be invoked or exercised by any person as if those provisions had not been amended by section 8(1) and Schedule 1 of the Act of 2009.

(4) Subsections (1) to (3) are without prejudice to any right or entitlement which a person may otherwise have to rely on the statutory provisions or the amended provisions.

(5) This section does not apply to proceedings initiated before the coming into operation of this section.

(6) In this section—

“Act of 1964” means the Registration of Title Act 1964;

“Act of 2009” means the Land and Conveyancing Law Reform Act 2009;

“amended provisions” means section 62(2) and (6) of the Act of 1964;

“mortgage” has the same meaning as it has in the Conveyancing Act 1881;

“statutory provisions” means sections 2 and 18 to 24 of the Conveyancing Act 1881, sections 3, 4 and 5 of the Conveyancing Act 1911 and section 62(3), (7) and (8) of the Act of 1964.