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The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 8 and Transitional) Order 2011

S.S.I. 2011/179 · Made 8 March 2011

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Debt

Diligence

Made 8th March 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 224(2) and 227(3) of the Bankruptcy and Diligence etc. (Scotland) Act 2007f1.

Annotations to the whole text

Footnotes

f1

2007 asp 3.

Contents

  1. 1Citation
  2. 2Interpretation
  3. 3Appointed day – actions for removing from heritable property
  4. 4Transitional arrangements – charge before removing
  5. Signature
  6. Explanatory note

1Citation

This Order may be cited as the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 8 and Transitional) Order 2011.

2Interpretation

In this Order, “the Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007.

3Appointed day – actions for removing from heritable property

The following provisions of the Act, in so far as not already in force, come into force on 4th April 2011:—

(a)

Part 15 (actions for removing from heritable property);

(b)

in schedule 5, paragraph 6(3) (the Sheriff Court (Scotland) (Extracts) Act 1892f1);

(c)

in schedule 6, the repeal of the Ejection Caution Act 1594f2; and

(d)

section 226(1) and (2) in so far as relating to the provisions commenced by paragraphs (b) and (c) above.

4Transitional arrangements – charge before removing

No requirement to serve a charge before removing as a consequence of any provision commenced by this Order applies to a decree for removing from heritable property (within the meaning of section 214(1) of the Act) obtained, granted or made, as the case may be, before 4th April 2011.

Signature

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th March 2011

Explanatory note

(This note is not part of the Order)

This Order brings into force provisions of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (“the Act”), subject to transitional arrangements.

Part 15 (actions for removing from heritable property) is brought into force on 4th April 2011, together with related consequential amendments and repeals.

The Act received Royal Assent on 15th January 2007. Sections 224, 225 and 227 of the Act came into force on Royal Assent and section 222 came into force on the day after Royal Assent.