Section 46 — Property (Relationships) Act 1976: Protection of mortgagee

46 Protection of mortgagee Subject to the provisions of sections 42 to 44 of this Act, the rights conferred on a spouse or partner by any order made under this Act shall be subject to the rights of the persons entitled to the benefit of any mortgage, security, charge, or encumbrance affecting the property in respect of which the order is made if it was registered before the order was registered or if the rights of that person arise under an instrument executed before the date of the making of the order: Provided that, notwithstanding anything in any enactment or in any instrument, no money payable under any such mortgage, security, charge, or encumbrance shall be called up or become due by reason of the making of any such order, not being an order directing the sale of any property. Compare: 1963 No 72 s 8; 1968 No 61 s 10 Section 46 was amended, as from 1 February 2002, by section 53 Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the words “ a spouse or de facto partner ” for the words “ the husband or wife ” . See Part 9 of this Act as to the transitional and saving provisions. Section 46 was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” .