Part 15 SActions for removing from heritable property

217 When removing not competent S

(1) It is not competent to execute a decree for removing from heritable property on—

(a) a Sunday;

(b) a day which is a public holiday in the area in which the decree is to be executed; or

(c) such other day as may be prescribed by Act of Sederunt.

(2) The execution of such a decree must not—

(a) begin before 8 a.m. or after 8 p.m.; or

(b) be continued after 8 p.m.,

unless the [F1 officer of court] has obtained prior authority from the sheriff for the district in which the subjects or premises are situated for such commencement or continuation.

Textual Amendments

F1 Words in s. 217(2) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 24(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1

Commencement Information

I1 S. 217 partly in force; s. 217 not in force at Royal Assent see s. 227; s. 217(1)(c) 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)

I2 S. 217(1)(a)(b)(2) in force at 4.4.2011 by S.S.I. 2011/179, art. 3(a) (with art. 4)

I3 S. 217(1)(c) in force at 4.4.2011 in so far as not already in force by S.S.I. 2011/179, art. 3(a) (with art. 4)