Part 15

Actions for removing from heritable property

Service of charge before removing
216
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 officer of court 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.
S. 216 partly in force; s. 216 not in force at Royal Assent see s. 227; s. 216(6) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)
Words in s. 216(3) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 24(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1