The Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020
2020 No. 425
Public Health
The Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020
Made 10th December 2020
Laid before the Scottish Parliament 10th December 2020
Coming into force 11th December 2020
The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraphs 1(1) and 5(3)(b) of schedule 19 of the Coronavirus Act 20201(“the Act”) and all other powers enabling them to do so.
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 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 commencement
1. These Regulations may be cited as the Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020 and come into force on 11 December 2020.
Residential Tenancies (Protection from Eviction)
2.—(1) No person may attend at a dwelling house for the purpose of—
(a)
(a) serving a charge for removing, or
(b)
(b) executing a decree for removing from heritable property.
(2) Paragraph (1) does not apply where the charge for removing relates to a decree for removing from heritable property, or where the decree for removing from heritable property is, granted wholly or partly on the basis that possession is sought in the circumstances as specified in—
(a)
(a) Case 2 (nuisance, annoyance or conviction for using or allowing the dwelling-house to be used for immoral or illegal purposes) in schedule 2 of the Rent (Scotland) Act 19842,
(b)
(b) Ground 15 (conviction for certain offences, acting in an anti-social manner or pursuing a course of anti-social conduct) in schedule 5 of the Housing (Scotland) Act 19883,
(c)
(c) Paragraphs 2 (conviction for certain offences), 7 (anti-social behaviour or harassment) or 8 (nuisance, annoyance or harassment) of schedule 2 of the Housing (Scotland) Act 20014, or
(d)
(d) Grounds 13 (criminal behaviour), 14 (anti-social behaviour) or 15 (association with person who has relevant conviction or engaged in relevant anti-social behaviour) in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 20165.
(3) In this regulation—
“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 20076,
“a charge for removing” means a charge to...
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