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The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011
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Changes and effects yet to be applied to :
- Sch. coming into force by S.S.I. 2011/158 reg. 1
- sch. words inserted by S.S.I. 2019/51 reg. 5(2)(a)
- sch. words inserted by S.S.I. 2019/51 reg. 5(2)(b)
- sch. words inserted by S.S.I. 2019/51 reg. 5(2)(c)
- sch. words inserted by S.S.I. 2019/51 reg. 5(2)(d)
- Sch. Form words inserted by S.S.I. 2025/402 reg. 2(3)
- Sch. 2 inserted by S.S.I. 2025/402 reg. 2(4)
- reg. 1 coming into force by S.S.I. 2011/158 reg. 1
- reg. 2 coming into force by S.S.I. 2011/158 reg. 1
- reg. 2 3 substituted for reg. 2 by S.S.I. 2025/402 reg. 2(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 2 inserted by S.S.I. 2025/402 reg. 2(4)
- reg. 2 3 substituted for reg. 2 by S.S.I. 2025/402 reg. 2(2)
Prospective
Scottish Statutory Instruments
2011 No. 158
Debt
Diligence
The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011
Made
23rd February 2011
Laid before the Scottish Parliament
25th February 2011
Coming into force
4th April 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 216(6) of the Bankruptcy and Diligence etc. (Scotland) Act 2007(1) and all other powers enabling them to do so.
Prospective
Citation and commencementS
1. These Regulations may be cited as the Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011 and come into force on 4th April 2011.
Commencement Information
I1Reg. 1 in force at 4.4.2011, see reg. 1
Form of ChargeS
2. The form of charge prescribed for the purposes of section 216(1) (service of charge before removing) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 is set out in the Schedule.
Commencement Information
I2Reg. 2 in force at 4.4.2011, see reg. 1
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd February 2011
Prospective
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations prescribe the form of charge required to be served by an officer of the court before removing a person, and any effects that person may have, from heritable property by virtue of a court decree or warrant.
This charge and the procedures for removal are prescribed under Part 15 of the Bankruptcy and Diligence etc. (Scotland) Act 2007. Section 216 of that Act also provides for the removal of an occupant deriving a right or having permission from the defender, subject to any notice to quit for an assured tenant having been provided.
(1)
2007 asp 3 (“the Act”). Section 216 is amended by section 152(3) of the Housing (Scotland) Act 2010 (asp 17).
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