Section 217 When removing not competentI1

Scotland

(1)

It is not competent to execute a decree for removing from heritable property on—

I2(a)

a Sunday;

(b)

a day which is a public holiday in the area in which the decree is to be executed; or

I3(c)

such other day as may be prescribed by Act of Sederunt F1or by rules made under section 68 or paragraph 4 of schedule 9 of the Tribunals (Scotland) Act 2014.

(2)

The execution of such a decree must not—

(a)

begin before 8 a.m. or after 8 p.m.; or

(b)

be continued after 8 p.m.,

unless the F2officer of court has obtained prior authority from the sheriff for the district in which the subjects or premises are situated F3, or from the First-tier Tribunal, for such commencement or continuation.

Annotations

Textual amendments

F1: Words in s. 217(1) inserted (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 6(5)(a)
F2: Words in s. 217(2) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 24(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
F3: Words in s. 217(2) inserted (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 6(5)(b)

Commencement

I1: S. 217 partly in force; s. 217 not in force at Royal Assent see s. 227; s. 217(1)(c) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)
I2: S. 217(1)(a)(b)(2) in force at 4.4.2011 by S.S.I. 2011/179, art. 3(a) (with art. 4)
I3: S. 217(1)(c) in force at 4.4.2011 in so far as not already in force by S.S.I. 2011/179, art. 3(a) (with art. 4)