{
  "url": "https://openlegislation.uk/removing-from-heritable-property-form-of-charge-amendment-scotland-regulations-2025/note",
  "json_url": "https://openlegislation.uk/removing-from-heritable-property-form-of-charge-amendment-scotland-regulations-2025/note.json",
  "legislation": "ssi/2025/402",
  "legislation_title": "The Removing from Heritable Property (Form of Charge) Amendment (Scotland) Regulations 2025",
  "legislation_url": "https://openlegislation.uk/removing-from-heritable-property-form-of-charge-amendment-scotland-regulations-2025",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011 which prescribe the Form of Charge required to be served by an officer of the court before removing a person, and any effects that person may have, from heritable property by virtue of a court decree or warrant.\nThe procedures for removal are prescribed under Part 15 of the Bankruptcy and Diligence etc. (Scotland) Act 2007. Section 216(2) of that Act provides for the removal of an occupant deriving a right or having permission from the defender.\nThese amending Regulations add a new Form to be used where the decree for removing from heritable property is an order made under section 16(2)(d) or (e) or a warrant granted in connection with an order under section 16(3ZA) of the Housing (Scotland) Act 2001 (“the 2001 Act”). These are orders for recovery of possession or termination of a joint tenant’s interest on the ground set out in paragraph 15A of schedule 2 of the 2001 Act where the tenant or joint tenant has engaged in abusive behaviour towards their partner or ex-partner.\nThe new Form of Charge makes it clear that the defender is only charged with removing others who derive a right from them to occupy the premises if those others are named in the decree. This differs from the existing Form of Charge which charges the defender to remove any sub-tenants, dependants and others deriving a right to occupy the premises from them. The new Form of Charge is necessary where decrees are granted on the ground set out in paragraph 15A of schedule 2 of the 2001 Act to ensure that the defender is not charged with removing their partner or ex-partner and any children who will be remaining in the property.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2025/402/note",
    "retrieved_at": "2026-10-28T20:32:30.658184+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}