Bankruptcy and Diligence etc. (Scotland) Act 2007

216 Service of charge before removing

(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 14 days after the giving of the charge; and

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

(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.

(3) The judicial officer 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.