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Part 16SMiscellaneous

152Tenant protection: orders for possession against landlordS

(1)After section 5A(8) of the Heritable Securities (Scotland) Act 1894 (c.44) insert—

(9)For the avoidance of doubt, a decree granted on an application to which this section applies is not an order for possession of a house let on an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43))..

(2)After section 24(9) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35) insert—

(10)For the avoidance of doubt, a decree granted on an application under subsection (1B) above is not an order for possession of a house let on an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43))..

(3)After section 216(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) insert—

(2A)Subsection (2) does not apply to an occupant with an assured tenancy (within the meaning of Part II of the Housing (Scotland) Act 1988 (c.43)) 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)..

Annotations:

Commencement Information

I1S. 152(1)(2) in force at 1.3.2011 by S.S.I. 2011/96, art. 2, Sch.

I2S. 152(3) in force at 4.4.2011 by S.S.I. 2011/96, art. 2, Sch.