The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of coronavirus in Scotland.
The Scottish Ministers consider that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with paragraph 6(2) and (3) of schedule 19 of the Act, the Scottish Ministers are of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft having been laid before, and approved by, a resolution of the Scottish Parliament.
Citation and commencement1.
These Regulations may be cited as the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021 and come into force on 23 January 2021.
Amendment of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 20202.
Amendment to schedule 4: residential properties (eviction)3.
(a)
the cross-heading of paragraph 9A becomes “Residential properties (eviction)”, and
(b)
in sub-paragraph (4)—
(i)
““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 Act4 in the case of a decree for removing from heritable property,”, and
(ii)
““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 Act5—(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—
(b)
paragraph (f),
(c)
paragraph (g), or
(d)
paragraph (k).”.
Amendment to schedule 5: residential properties (eviction)4.
(a)
the cross-heading of the paragraph becomes “Residential properties (eviction)”, and
(b)
in sub-paragraph (4)—
(i)
““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
(ii)
““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).”.
St Andrew’s House,
Edinburgh
These Regulations amend the Health Protection (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (“the Local Levels Regulations”). These Regulations come into force on 23 January 2021.
Regulation 3 amends schedule 4 of the Local Levels Regulations to prevent, in a level 3 area, attendance at a dwelling house for the purpose of serving a charge for removing or executing a decree for removing from a residential property where a creditor under a standard security is seeking to eject a debtor who is residing in the property.
Regulation 4 amends schedule 5 of the Local Levels Regulations to prevent, in a level 4 area, attendance at a dwelling house for the purpose of serving a charge for removing or executing a decree for removing from a residential property where a creditor under a standard security is seeking to eject a debtor who is residing in the property.