Back to the Scottish Parliament Business Bulletin No. 97/2006: Wednesday 14 June 2006
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Section G – Bills

New Bills introduced or reprinted on 13 June 2006

Senior Judiciary (Vacancies and Incapacity) (Scotland) Bill—A Bill for an Act of the Scottish Parliament to make provision for the exercise of functions during vacancies in the offices of Lord President of the Court of Session and Lord Justice Clerk and the incapacity of the holders of those offices. (SP Bill 65) (Executive Bill)

Introduced by: Cathy Jamieson

Explanatory Notes (and other accompanying documents) (SP Bill 65-EN) and a Policy Memorandum (SP Bill 65-PM) were printed to accompany the Bill.

New amendments to Bills lodged on 13 June 2006

Bankruptcy and Diligence etc. (Scotland) Bill – Stage 2

After section 197

Allan Wilson

20 After section 197 insert—

<Part

Actions for removing from heritable property

Expressions used in this Part

(1) In this Part—

“a decree for removing from heritable property” means—

(a) a decree or warrant such as is mentioned in subsection (2) below; or

(b) a document such as is mentioned in subsection (3) below; and

“an action for removing from heritable property” means, in the case of a decree or warrant, the proceedings in which such a decree or warrant is obtained.

(2) The decrees and warrants referred to in subsection (1) above are—

(a) a decree of removing and warrant of ejection obtained in an action of removing;

(b) a decree and warrant of ejection obtained in an action of ejection;

(c) a summary warrant of ejection obtained by virtue of section 36 of the Sheriff Courts (Scotland) Act 1907 (c.51) (in this section, the “1907 Act”);

(d) a warrant for summary ejection obtained by virtue of section 37 of the 1907 Act;

(e) a decree obtained by virtue of a summary application for removing under section 38 of the 1907 Act;

(f) a decree for recovery of possession of heritable property obtained by virtue of a summary cause under section 35(1)(c) of the Sheriff Courts (Scotland) Act 1971 (c.58);

(g) an order for possession (within the meaning of section 115(1) of the Rent (Scotland) Act 1984 (c.58)) obtained by virtue of the Housing (Scotland) Act 1987 (c.26) or the Housing (Scotland) Act 1988 (c.43);

(h) a warrant for ejection of a crofter granted under section 22(3) of the Crofters (Scotland) Act 1993 (c.44);

(j) an order of removal or ejection made under section 84(1)(e) of the Agricultural Holdings (Scotland) Act 2003 (asp 11); and

(k) a warrant of ejection obtained by virtue of a summary application under section 38(1) of, or paragraph 3(1) of schedule 5 to, the Housing (Scotland) Act 2006 (asp 1),

being decrees or warrants which, or extracts of which, authorise the removing or ejection of persons from subjects or premises.

(3) The documents referred to in subsection (1) above are—

(a) a lease, or an extract of a lease, having, by virtue of section 34 of the 1907 Act, the same force and effect as an extract decree of removing; and

(b) a letter of removal having, by virtue of section 35 of the 1907 Act, the same force and effect as an extract decree of removing.

(4) The Scottish Ministers may by order modify subsections (2) and (3) above by—

(a) adding types of decree, warrant or document to;

(b) removing types of decree, warrant or document from; or

(c) varying the description of,

the types of decree, warrant or document referred to in those subsections.>

Allan Wilson

21 After section 197 insert—

<Service 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 messenger of court 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.>

Allan Wilson

22 After section 197 insert—

<When removing not competent

(1) It is not competent to execute a decree for removing from heritable property on—

(a) a Sunday;

(b) a day which is a public holiday in the area in which the decree is to be executed; or

(c) such other day as may be prescribed by Act of Sederunt.

(2) The execution of such a decree must not—

(a) begin before 8 a.m. or after 8 p.m.; or

(b) be continued after 8 p.m.,

unless the messenger of court has obtained prior authority from the sheriff for the district in which the subjects or premises are situated for such commencement or continuation.>

Allan Wilson

23 After section 197 insert—

<Preservation of property left in premises

(1) A court, when granting decree for removing from heritable property, may direct that the pursuer takes such steps as the court considers appropriate for the preservation of any effects removed from the subjects or premises.

(2) The court 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.>

Schedule 4

Allan Wilson

24 In schedule 4, page 163, line 5, after first <hypothecation> insert <of>

Allan Wilson

25 In schedule 4, page 163, line 5, after second <hypothecation> insert <of>

Allan Wilson

26 In schedule 4, page 163, line 6, at end insert <on”.>

Allan Wilson

27 In schedule 4, page 163, line 25, at end insert—

<( ) For the avoidance of doubt, where a warrant for arrestment in rem granted by the sheriff has been executed, an order for the sale of the arrested ship, cargo or other maritime property may be made notwithstanding that it is not situated within the sheriffdom when the order is made.”.>

Allan Wilson

28 In schedule 4, page 164, line 30, after <expenses> insert <as are>

Schedule 5

Allan Wilson

29 In schedule 5, page 168, line 26, at end insert—

<( ) In section 7(4) (warrant in extract decree of removing), for the words “forty-eight hours” in both places where they occur substitute “14 days”.>

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