Search Legislation

Bankruptcy and Diligence etc. (Scotland) Act 2007

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 216 is up to date with all changes known to be in force on or before 18 January 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

216Service of charge before removingS

This section has no associated Explanatory Notes

(1)A defender and any effects of the defender may, by virtue of a decree for removing from heritable property, be removed from subjects or premises but only if—

(a)the defender has been charged to remove from those subjects or premises within [F1the appropriate period] after the giving of the charge; and

(b)the period of charge has expired without the defender so removing.

[F2(1A)In subsection (1)(a), “the appropriate period” means—

(a)in the case of a decree for removing from heritable property of the type mentioned in paragraph (l) of section 214(2), 28 days,

(b)in the case of a decree for removing from heritable property of the type mentioned in any other paragraph of that section, 14 days.]

(2)Where—

(a)the subjects or premises are occupied by an occupant deriving right or having permission from the defender;

(b)the defender has been charged, under subsection (1) above, to remove from those subjects or premises; and

(c)the period of charge has expired without the occupant so removing,

that occupant and any effects of that occupant may be removed from the subjects or premises.

[F3(2A)Subsection (2) does not apply to an occupant with an assured tenancy [F4or private residential tenancy] F5... or any effects of that occupant where the decree for removing from heritable property was granted on an application—

(a)to which section 5A of the Heritable Securities (Scotland) Act 1894 (c.44) applies; or

(b)under section 24(1B) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35).]

[F6(2B)In subsection (2A)—

  • assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988,

  • private residential tenancy” has the same meaning as in the Private Housing (Tenancies) (Scotland) Act 2016.]

(3)The [F7officer of court] removing the defender, any other occupant and any effects of such a defender or occupant from the subjects or premises—

(a)may, if necessary for the purposes of such removing, open shut and lockfast places; and

(b)must make an inventory of any effects removed.

(4)Where the decree for removing from heritable property is granted by a court, the court may, on cause shown, dispense with or vary the period of charge.

(5)It is no longer necessary to obtain from the Court of Session letters of ejection before removing a person by virtue of subsection (1) or (2) above.

(6)The Scottish Ministers may, by regulations, prescribe the form of charge under subsection (1) above.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 216(1)(a) substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 92(a); S.I. 2018/78, reg. 5(1)(g)

F2S. 216(1A) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 92(b); S.I. 2018/78, reg. 5(1)(g)

Commencement Information

I1S. 216 partly in force; s. 216 not in force at Royal Assent see s. 227; s. 216(6) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)

I2S. 216(1)-(5) in force at 4.4.2011 by S.S.I. 2011/179, art. 3(a) (with art. 4)

I3S. 216(6) in force at 4.4.2011 in so far as not already in force by S.S.I. 2011/179, art. 3(a) (with art. 4)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources