The Bankruptcy and Diligence etc. (Decrees for Removing from Heritable Property) (Scotland) Amendment Order 2025

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

Part 15 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (“ the 2007 Act ”) sets out the general procedures which are to be followed when removing a person from heritable property. Section 214(2) of the 2007 Act contains a list of the decrees, orders and warrants which are covered by the general procedures.

Section 22(4) of the Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16) inserts paragraph 15A into schedule 2 of the Housing (Scotland) Act 2001 (asp 10, “the 2001 Act”) , creating a new ground on which the landlord under a Scottish secure tenancy may raise court proceedings under section 14 of the 2001 Act. On this new ground, the landlord may raise proceedings either: for recovery of possession of the house (in the case of a sole tenant), or for termination of the tenant’s interest in the tenancy (in the case of a joint tenant).

Summary cause decrees for recovery of possession are already listed in section 214(2) of the 2007 Act. This Order adds a warrant of ejection obtained in connection with an order for termination of a tenant’s interest in a tenancy to the list. This will ensure that the general procedures for removing will apply to such warrants.