The Domestic Abuse (Protection) (Scotland) Act 2021 (Consequential and Supplementary Amendments) Regulations 2026

Amendment of the Bankruptcy and Diligence etc. (Scotland) Act 2007

4.  In section 216 of the Bankruptcy and Diligence etc. (Scotland) Act 2007(1), after subsection (2B) insert—

“(2C) Subsection (2) does not apply to an occupant, or any effects of the occupant, if—

(a) the decree for removing from heritable property is—

(i) an order for recovery of possession made under section 16(2)(d) or (e) of the Housing (Scotland) Act 2001, or

(ii) a warrant of ejection obtained in connection with an order for termination of a tenant’s interest in a tenancy made under section 16(3ZA) of that Act, and

(b) the occupant is—

(i) in relation to the subjects or premises, person P within the meaning of paragraph 15A of schedule 2 of the Housing (Scotland) Act 2001, or

(ii) a relevant member of person P’s family.

(2D) In subsection (2C)(b)(ii), a “relevant member of person P’s family” means a member of person P’s family (construed in accordance with section 108(1) and (2) of the Housing (Scotland) Act 2001), other than a member of the family—

(a) who is named (or otherwise identified) in the order for recovery of possession or, as the case may be, the warrant of ejection mentioned in subsection (2C)(a), and

(b) in relation to whom, the order or warrant (or an extract of the order or warrant) authorises the removing or ejection of the member from the subjects or premises.”.

(1)

2007 asp 3; Section 216 is amended by paragraph 92 of schedule 5 of the Criminal Finances Act 2017 (c. 22), section 152(3) of the Housing (Scotland) Act 2010 (asp 17), paragraph 10(3) of schedule 4 of the Private Housing (Tenancies) (Scotland) Act 2016 (asp 19), paragraph 24 of schedule 4 of the Public Services Reform (Scotland) Act 2010 (asp 8) and regulation 6(4) of S.S.I. 2019/51.