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Bankruptcy and Diligence etc. (Scotland) Act 2007

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Changes over time for: Section 217

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217When removing not competentS

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(1)It is not competent to execute a decree for removing from heritable property on—

(a)a Sunday;

(b)a day which is a public holiday in the area in which the decree is to be executed; or

(c)such other day as may be prescribed by Act of Sederunt [F1or by rules made under section 68 or paragraph 4 of schedule 9 of the Tribunals (Scotland) Act 2014].

(2)The execution of such a decree must not—

(a)begin before 8 a.m. or after 8 p.m.; or

(b)be continued after 8 p.m.,

unless the [F2officer of court] has obtained prior authority from the sheriff for the district in which the subjects or premises are situated [F3, or from the First-tier Tribunal,] for such commencement or continuation.

Textual Amendments

Commencement Information

I1S. 217 partly in force; s. 217 not in force at Royal Assent see s. 227; s. 217(1)(c) 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)

I2S. 217(1)(a)(b)(2) in force at 4.4.2011 by S.S.I. 2011/179, art. 3(a) (with art. 4)

I3S. 217(1)(c) in force at 4.4.2011 in so far as not already in force by S.S.I. 2011/179, art. 3(a) (with art. 4)

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