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Bankruptcy and Diligence etc. (Scotland) Act 2007

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Changes over time for: Section 216

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Version Superseded: 31/01/2011

Status:

Point in time view as at 01/07/2010. This version of this provision has been superseded. Help about Status

Changes to legislation:

Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 216 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

216Service of charge before removingS

This section has no associated Explanatory Notes

(1)A defender and any effects of the defender may, by virtue of a decree for removing from heritable property, be removed from subjects or premises but only if—

(a)the defender has been charged to remove from those subjects or premises within 14 days after the giving of the charge; and

(b)the period of charge has expired without the defender so removing.

(2)Where—

(a)the subjects or premises are occupied by an occupant deriving right or having permission from the defender;

(b)the defender has been charged, under subsection (1) above, to remove from those subjects or premises; and

(c)the period of charge has expired without the occupant so removing,

that occupant and any effects of that occupant may be removed from the subjects or premises.

(3)The judicial officer removing the defender, any other occupant and any effects of such a defender or occupant from the subjects or premises—

(a)may, if necessary for the purposes of such removing, open shut and lockfast places; and

(b)must make an inventory of any effects removed.

(4)Where the decree for removing from heritable property is granted by a court, the court may, on cause shown, dispense with or vary the period of charge.

(5)It is no longer necessary to obtain from the Court of Session letters of ejection before removing a person by virtue of subsection (1) or (2) above.

(6)The Scottish Ministers may, by regulations, prescribe the form of charge under subsection (1) above.

Commencement Information

I1S. 216 partly in force; s. 216 not in force at Royal Assent see s. 227; s. 216(6) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)

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