Legislation – The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 14) Regulations 2021

Amendment to schedule 4: residential properties (eviction)3.

In schedule 4 (level 3 restrictions), in paragraph 9A3—

(a)

the cross-heading of paragraph 9A becomes “Residential properties (eviction)”, and

(b)

in sub-paragraph (4)—

(i)

for the definition of “a charge for removing”, substitute—

““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)

for the definition of “a decree for removing from heritable property”, substitute—

““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—

(i)
section 5(1) (power to eject proprietor in personal occupation) of the Heritable Securities (Scotland) Act 18946, or

(ii)
section 24(1B) (application by creditor to court for remedies on default) of the Conveyancing and Feudal Reform (Scotland) Act 19707,

(b)

paragraph (f),

(c)

paragraph (g), or

(d)

paragraph (k).”.