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The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011

S.S.I. 2011/158 · Made 23 February 2011 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 August 2026.

Debt

Diligence

Made 23rd February 2011

Laid before the Scottish Parliament 25th February 2011

Coming into force 4th April 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 216(6) of the Bankruptcy and Diligence etc. (Scotland) Act 2007f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2007 asp 3 (“the Act”). Section 216 is amended by section 152(3) of the Housing (Scotland) Act 2010 (asp 17).

Contents

  1. 1Citation and commencement
  2. 2Form of Charge
  3. 3Regulation 3
  4. Signature
  5. Schedule Schedule
  6. Schedule 2Schedule 2
  7. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011 and come into force on 4th April 2011.

2Form of ChargeF1

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.

3F1

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 2001 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.

Signature

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2011

I1F1F2F3F4F5

Schedule 2F1

form page 1
form page 2

Explanatory note

(This note is not part of the Regulations)

These Regulations 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.

This charge and the procedures for removal are prescribed under Part 15 of the Bankruptcy and Diligence etc. (Scotland) Act 2007. Section 216 of that Act also provides for the removal of an occupant deriving a right or having permission from the defender, subject to any notice to quit for an assured tenant having been provided.