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The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011
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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.
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.
Form of ChargeS
[F12. Subject to regulation 3, 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 schedule 1.]
Textual Amendments
F1Regs. 2, 3 substituted for reg. 2 (1.8.2026) by The Removing from Heritable Property (Form of Charge) Amendment (Scotland) Regulations 2025 (S.S.I. 2025/402), regs. 1, 2(2)
[F13. Where the decree for removing from heritable property is obtained in connection with proceedings raised under section 14(1)(a) or (b) of the Housing (Scotland) Act 2001 on the ground set out in paragraph 15A of schedule 2 of that Act, 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 schedule 2.]S
Textual Amendments
F1Regs. 2, 3 substituted for reg. 2 (1.8.2026) by The Removing from Heritable Property (Form of Charge) Amendment (Scotland) Regulations 2025 (S.S.I. 2025/402), regs. 1, 2(2)
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd February 2011
Regulation 2
F2F3F4F5F6SCHEDULES
Textual Amendments
F2Sch.: in the form, the words "or order" are inserted after the word "decree" in each place it occurs (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 5(2)(a)
F3Sch.: in the form, the words "/First-tier Tribunal for Scotland Housing and Property Chamber" are inserted after the word "sheriff court" (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 5(2)(b)
F4Sch.: in the form, the words "or First-tier Tribunal" are inserted after the words "the sheriff" in both places they occur (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 5(2)(c)
F5Sch.: in the form, the words "or First-tier Tribunal" are inserted after the words "the court" (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 5(2)(d)
F6Sch.: in the form, the words "(REGULATION 2)" are inserted after the words "FORM OF CHARGE FOR REMOVING" (1.8.2026) by The Removing from Heritable Property (Form of Charge) Amendment (Scotland) Regulations 2025 (S.S.I. 2025/402), regs. 1, 2(3)
Commencement Information
Regulation 3]
[F7SCHEDULE 2S
Textual Amendments
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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