“Residential tenancies (eviction)9A.

(1)

No person may attend at a dwelling house for the purpose of—

(a)

serving a charge for removing, or

(b)

executing a decree for removing from heritable property.

(2)

Sub-paragraph (1) does not apply where the charge for removing relates to a decree for removing from heritable property, or where the decree for removing from heritable property is, granted wholly or partly on the basis that possession is sought in the circumstances as specified in—

(a)

Case 2 (nuisance, annoyance or conviction for using or allowing the dwelling-house to be used for immoral or illegal purposes) in schedule 2 of the Rent (Scotland) Act 19843,

(b)

Ground 15 (conviction for certain offences, acting in an anti-social manner or pursuing a course of anti-social conduct) in schedule 5 of the Housing (Scotland) Act 19884,

(c)

Paragraph 2 (conviction for certain offences), 7 (anti-social behaviour or harassment) or 8 (nuisance, annoyance or harassment) of schedule 2 of the Housing (Scotland) Act 20015, or

(d)

Paragraph 13 (criminal behaviour), 14 (anti-social behaviour) or 15 (association with person who has relevant conviction or engaged in relevant anti-social behaviour) in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 20166.

(3)

The period mentioned in section 16(5A)(c) of the Housing (Scotland) Act 20017 (powers of court in possession proceedings) does not run during any period for which this paragraph has effect.

(4)

In this paragraph—

“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 20078,

“a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1)9 of the 2007 Act, in the case of a decree or order for removing from heritable property of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act10, and

“a decree for removing from heritable property” means a decree or order of a type mentioned in paragraph (f), (g) or (k) of section 214(2) of the 2007 Act.”.