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

S.S.I. 2011/158 · made 23 February 2011 · revised to 1 August 2026

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.

Made under: Bankruptcy and Diligence etc. (Scotland) Act 2007

PDFs: Printed copy https://openlegislation.uk/removing-from-heritable-property-form-of-charge-scotland-regulations-2011/pdf/ssi_20110158_en.pdf; Executive Note https://openlegislation.uk/removing-from-heritable-property-form-of-charge-scotland-regulations-2011/pdf/ssien_20110158_en.pdf

## Introductory text

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 2007 and all other powers enabling them to do so.

## 1 Citation and commencement

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.

## 2 Form of Charge

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 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

## 



## Schedule 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.

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Source: https://www.legislation.gov.uk/ssi/2011/158 (the official version)
Page: https://openlegislation.uk/removing-from-heritable-property-form-of-charge-scotland-regulations-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.