Part 15Actions for removing from heritable property

216Service of charge before removing

1

A defender and any effects of the defender may, by virtue of a decree for removing from heritable property, be removed from subjects or premises but only if—

a

the defender has been charged to remove from those subjects or premises within 14 days after the giving of the charge; and

b

the period of charge has expired without the defender so removing.

2

Where—

a

the subjects or premises are occupied by an occupant deriving right or having permission from the defender;

b

the defender has been charged, under subsection (1) above, to remove from those subjects or premises; and

c

the period of charge has expired without the occupant so removing,

that occupant and any effects of that occupant may be removed from the subjects or premises.

3

The judicial officer removing the defender, any other occupant and any effects of such a defender or occupant from the subjects or premises—

a

may, if necessary for the purposes of such removing, open shut and lockfast places; and

b

must make an inventory of any effects removed.

4

Where the decree for removing from heritable property is granted by a court, the court may, on cause shown, dispense with or vary the period of charge.

5

It is no longer necessary to obtain from the Court of Session letters of ejection before removing a person by virtue of subsection (1) or (2) above.

6

The Scottish Ministers may, by regulations, prescribe the form of charge under subsection (1) above.