Last Updated: 1 August 2020

[CONC 11,135] Mortgages — exemptions from Act6 

6
(1) Except as provided in subregulations (2) and (3), by virtue of section 8(3), the Act does not apply to—
  • (a)a mortgage relating to perishable goods, livestock, primary produce or food stuff;
  • (b)a banker's right to combine accounts; or
  • (c)a lien or charge arising by operation of any written law or by custom.
(2) Sections 14 and 15 of the Act apply in respect of a mortgage referred to in subregulation (1)(a).
(3) Section 83 of the Act does not apply to a mortgage relating to goods that are in the lawful possession of the credit provider.