- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Scottish Statutory Instruments
19th April 2012
Coming into force
1st August 2012
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 16(5A)(c) and 109(2) of the Housing (Scotland) Act 2001(1) and all other powers enabling them to do so.
In accordance with section 16(5B) of that Act(2), they have consulted such bodies representing local authorities, such registered social landlords or bodies representing them, such bodies representing tenants’ interests, and such other persons, as they think fit.
In accordance with section 109(6) of that Act(3), a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
1. This Order may be cited as the Scottish Secure Tenancies (Repossession Orders) (Maximum Period) Order 2012 and comes into force on 1st August 2012.
2. (1) The maximum period prescribed for the purposes of section 16(5A)(c) of the Housing (Scotland) Act 2001 (powers of court in possession proceedings) is 6 months from the date when the decree (in respect of an order made under section 16(2) of that Act) is extracted.
(2) Where an appeal is lodged after the decree is extracted and an order for recovery of possession is subsequently upheld the prescribed maximum period is 6 months from the date of the interlocutor of the court disposing of the appeal.
Authorised to sign by the Scottish Ministers
St Andrew’s House,
19th April 2012
(This note is not part of the Order)
This Order prescribes the maximum period for which a landlord’s right to recover possession of a house in pursuance of a court order under section 16(2) of the Housing (Scotland) Act 2001 is to have effect, in certain cases. Those cases are where the court order is made on the grounds that rent lawfully due from the tenant has not been paid (as set out in paragraph 1 of schedule 2 to the Housing (Scotland) Act 2001), or on grounds including that ground.
Article 2 prescribes a maximum period of 6 months from the date a decree (in respect of an order made under section 16(2) of the Act) is extracted. Where an appeal is lodged after the date of extract, and an order for recovery of possession is subsequently upheld, the prescribed maximum period of 6 months will begin on the date of the interlocutor of the court disposing of the appeal.
Section 16(5B) was inserted by section 153(a) of the Housing (Scotland) Act 2010 (asp 17).
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.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: