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Building (Scotland) Act 2003

Schedule 5 (introduced by section 42): Evacuation of buildings

158.This schedule makes provision for the procedures to be followed for securing the removal from a building of any occupant who has failed to remove from a building following a requirement under section 42 on the evacuation of buildings. Paragraphs 2 to 6provide for the local authority to apply to the sheriff for a warrant for ejection and for the procedure to be followed. The sheriff’s decision is final (paragraph 7). Paragraph 8 makes provision in relation to evidence presented by local authorities in an application under this schedule. Paragraphs 9 to 12 make provision, where a person removing from a building in compliance with a requirement under section 42 or ejected from a building under this schedule is a tenant of that building, for protecting their status and rights as a tenant.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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