The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

[F1 [F2 Residential properties (eviction)] S

10A.— (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 1984,

(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 1988,

(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 2001, 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 2016.

(3) The period mentioned in section 16(5A)(c) of the Housing (Scotland) Act 2001 (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 2007,

[F3 “a charge for removing” means a charge to remove from subjects or premises, as required by section 216(1) (service of charge before removing) of the 2007 Act in the case of a decree for removing from heritable property,] and

[F4 “a decree for removing from heritable property” means a decree, order or warrant of a type mentioned in any of the following paragraphs of section 214(2) of the 2007 Act—

(a)

paragraph (a) or (b), where the decree or warrant is obtained by a creditor in a security over land used to any extent for residential purposes following an application under either or both—

(i)

section 5(1) (power to eject proprietor in personal occupation) of the Heritable Securities (Scotland) Act 1894, or

(ii)

section 24(1B) (application by creditor to court for remedies on default) of the Conveyancing and Feudal Reform (Scotland) Act 1970,

(b)

paragraph (f),

(c)

paragraph (g), or

(d)

paragraph (k).]]

Textual Amendments

F1 Sch. 5 para. 10A inserted (22.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (S.S.I. 2021/17), regs. 1(3), 6

F2 Sch. 5 para. 10A cross-heading substituted (23.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 (S.S.I. 2021/35), regs. 1, 4(a)

F3 Words in sch. 5 para. 10A(4) substituted (23.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 (S.S.I. 2021/35), regs. 1, 4(b)(i)

F4 Words in sch. 5 para. 10A(4) substituted (23.1.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 (S.S.I. 2021/35), regs. 1, 4(b)(ii)