2012 No. 273
Sheriff Court

Act of Sederunt (Actions for removing from heritable property) (Amendment) 2012

Made
Laid before the Scottish Parliament
Coming into force
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711, section 215 of the Bankruptcy and Diligence etc. (Scotland) Act 20072 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Citation, commencement and interpretation1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Actions for removing from heritable property) (Amendment) 2012 and comes into force on 12th November 2012.

(2)

A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of the Act of Sederunt (Actions for removing from heritable property) 20122.

(1)

The Act of Sederunt (Actions for removing from heritable property) 20123 is amended as follows.

(2)

In rule 3 (charge for removing)—

(a)

in paragraph 1(b) delete “and”;

(b)

in paragraph 5(a) for “defender’s last known address” substitute “heritable property”;

(c)

for paragraph 7(a) substitute—

“(a)

by leaving a copy of the charge in a sealed envelope addressed to “the occupiers” in such a way that it is likely to come to the attention of the occupiers; or”.

(3)

In the schedule, for Form 4 substitute Form 4 set out in the Schedule to this Act of Sederunt.

Brian Gill
Lord President
I.P.D.

Edinburgh

SCHEDULE

EXPLANATORY NOTE
(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Actions of removing from heritable property) 2012 which prescribes the practice and procedure to be followed in the execution of any decree for removing from heritable property.