2011 No. 158

DebtDiligence

The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011

Made

Laid before the Scottish Parliament

Coming into force

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 20071 and all other powers enabling them to do so.

Citation and commencement1

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 Charge2

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.

FERGUS EWINGAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULE

Regulation 2

included-document_r00001
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.