Part 15Actions for removing from heritable property
I1216Service of charge before removing
I31
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 F6the appropriate period after the giving of the charge; and
b
the period of charge has expired without the defender so removing.
F71A
In subsection (1)(a), “the appropriate period” means—
a
in the case of a decree for removing from heritable property of the type mentioned in paragraph (l) of section 214(2), 28 days,
b
in the case of a decree for removing from heritable property of the type mentioned in any other paragraph of that section, 14 days.
I32
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.
F22A
Subsection (2) does not apply to an occupant with an assured tenancy F3or private residential tenancyF4... 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).
F52B
In subsection (2A)—
“assured tenancy” has the same meaning as in Part 2 of the Housing (Scotland) Act 1988,
“private residential tenancy” has the same meaning as in the Private Housing (Tenancies) (Scotland) Act 2016.
I33
The F1officer 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.
I34
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.
I35
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.
I26
The Scottish Ministers may, by regulations, prescribe the form of charge under subsection (1) above.