Regulation 2 Amendment of The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011
Original text. Later amendments are not shown.
(1)
The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011f1 are amended in accordance with paragraphs (2) to (4).
(2)
For regulation 2 substitute—
“2.
Subject to regulation 3, the form of charge prescribed for the purposes of section 216(1) (service of charge before removing) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 is set out in schedule 1.
3.
Where the decree for removing from heritable property is obtained in connection with proceedings raised under section 14(1)(a) or (b) of the Housing (Scotland) Act 2001f2 on the ground set out in paragraph 15A of schedule 2 of that Act, the form of charge prescribed for the purposes of section 216(1) (service of charge before removing) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 is set out in schedule 2.”.
(3)
In the schedule after “FORM OF CHARGE FOR REMOVING” insert “(REGULATION 2)”.
2001 asp 10. Section 16 was amended by the Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16), section 22(3) and (6). Section 16(2)(aa) was inserted by section 14(2)(a) of the Housing (Scotland) Act 2014 (asp 14) (“the 2014 Act”), section 16(3A) was inserted by section 14(2)(b) of the 2014 Act and section 16(5A) and (5B) were inserted by section 153(a) of the Housing (Scotland) Act 2010 (asp 17).
