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Bankruptcy and Diligence etc. (Scotland) Act 2007
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- 2007 asp 3
- Part 15
- Section 218
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Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 218 is up to date with all changes known to be in force on or before 13 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.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 176(2A) inserted by 2024 asp 9 s. 19(2)
218Preservation of property left in premisesS
This section has no associated Explanatory Notes
(1)A court [F1or the First-tier Tribunal], when granting decree for removing from heritable property, may direct that the pursuer takes such steps as the court [F1or the First-tier Tribunal] considers appropriate for the preservation of any effects removed from the subjects or premises.
(2)The court [F1or the First-tier Tribunal] may, when making a direction under subsection (1) above, order that the defender is to be liable for any costs incurred in taking such steps as are specified by virtue of that subsection.
[F2(3)In the application of this section to the granting of a decree for removing from heritable property of the type mentioned in section 214(2)(l), “pursuer” means the trustee for civil recovery who is responsible by virtue of section 267(3)(ba) of the Proceeds of Crime Act 2002 for enforcing the decree.]
Textual Amendments
F1Words in s. 218 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(6)
F2S. 218(3) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 93; S.I. 2018/78, reg. 5(1)(g)
Commencement Information
I1S. 218 in force at 4.4.2011 by S.S.I. 2011/179, art. 3(a) (with art. 4)
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