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Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 217 is up to date with all changes known to be in force on or before 12 December 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.
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(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 [F1or by rules made under section 68 or paragraph 4 of schedule 9 of the Tribunals (Scotland) Act 2014].
(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 [F2officer of court] has obtained prior authority from the sheriff for the district in which the subjects or premises are situated [F3, or from the First-tier Tribunal,] for such commencement or continuation.
Textual Amendments
F1Words in s. 217(1) inserted (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 6(5)(a)
F2Words 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
F3Words in s. 217(2) inserted (6.3.2019) by The First-tier Tribunal for Scotland Housing and Property Chamber (Incidental Provisions) Regulations 2019 (S.S.I. 2019/51), regs. 1, 6(5)(b)
Commencement Information
I1S. 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)
I2S. 217(1)(a)(b)(2) in force at 4.4.2011 by S.S.I. 2011/179, art. 3(a) (with art. 4)
I3S. 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)
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