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

Amendment to schedule 4: residential properties (eviction)

3.  In schedule 4 (level 3 restrictions), in paragraph 9A(1)—

(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(2) 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(3)—

(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(4), or

(ii)

section 24(1B) (application by creditor to court for remedies on default) of the Conveyancing and Feudal Reform (Scotland) Act 1970(5),

(b)

paragraph (f),

(c)

paragraph (g), or

(d)

paragraph (k).”.

(1)

Paragraph 9A was inserted by S.S.I. 2021/17.

(2)

Section 216(1) was amended by paragraph 92(a) of schedule 5 of the Criminal Finances Act 2017 (c.22).

(3)

Section 214(2) was relevantly amended by paragraph 10(2)(b) of schedule 4 of the Private Housing (Tenancies) (Scotland) Act 2016 (asp 19) and S.S.I. 2019/51.

(4)

1894 c.44. Section 5 was renumbered as section 5(1) by section 3(1)(a) of the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6).

(5)

1970 c.35. Section 24(1B) was inserted by section 2(2) of the Home Owner and Debtor Protection (Scotland) Act 2010 (asp 6).