The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021

Citation and commencement

1.  These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 and come into force on 23 January 2021.

Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

2.  The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020(1) are amended in accordance with regulations 3 and 4.

Amendment to schedule 4: residential properties (eviction)

3.  In schedule 4 (level 3 restrictions), in paragraph 9A(2)—

(a) the cross-heading of paragraph 9A becomes “Residential properties (eviction)”, and

(b) in sub-paragraph (4)—

(i) for the definition of “a charge for removing”, substitute—

““a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) (service of charge before removing) of the 2007 Act(3) in the case of a decree for removing from heritable property,”, and

(ii) for the definition of “a decree for removing from heritable property”, substitute—

““a decree for removing from heritable property” means a decree, order or warrant of a type mentioned in any of the following paragraphs of section 214(2) of the 2007 Act(4)—

(a)

paragraph (a) or (b), where the decree or warrant is obtained by a creditor in a security over land used to any extent for residential purposes following an application under either or both—

(i)

section 5(1) (power to eject proprietor in personal occupation) of the Heritable Securities (Scotland) Act 1894(5), or

(ii)

section 24(1B) (application by creditor to court for remedies on default) of the Conveyancing and Feudal Reform (Scotland) Act 1970(6),

(b)

paragraph (f),

(c)

paragraph (g), or

(d)

paragraph (k).”.

Amendment to schedule 5: residential properties (eviction)

4.  In schedule 5 (level 4 restrictions), in paragraph 10A(7)—

(a) the cross-heading of the paragraph becomes “Residential properties (eviction)”, and

(b) in sub-paragraph (4)—

(i) for the definition of “a charge for removing”, substitute—

““a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) (service of charge before removing) of the 2007 Act in the case of a decree for removing from heritable property,”, and

(ii) for the definition of “a decree for removing from heritable property”, substitute—

““a decree for removing from heritable property” means a decree, order or warrant of a type mentioned in any of the following paragraphs of section 214(2) of the 2007 Act—

(a)

paragraph (a) or (b), where the decree or warrant is obtained by a creditor in a security over land used to any extent for residential purposes following an application under either or both—

(i)

section 5(1) (power to eject proprietor in personal occupation) of the Heritable Securities (Scotland) Act 1894, or

(ii)

section 24(1B) (application by creditor to court for remedies on default) of the Conveyancing and Feudal Reform (Scotland) Act 1970,

(b)

paragraph (f),

(c)

paragraph (g), or

(d)

paragraph (k).”.

AILEEN CAMPBELL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

At 1.30 p.m. on 22nd January 2021