
2025 No. 402
DebtDiligence
The Removing from Heritable Property (Form of Charge) Amendment (Scotland) Regulations 2025
Made 16th December 2025
Laid before the Scottish Parliament 18th December 2025
Coming into force 1st August 2026
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 216(6) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 and all other powers enabling them to do so.
Citation and commencement
1 
These Regulations may be cited as the Removing from Heritable Property (Form of Charge) Amendment (Scotland) Regulations 2025 and come into force on 1 August 2026.
Amendment of The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011
2 

(1) The Removing from Heritable Property (Form of Charge) (Scotland) Regulations 2011 are amended in accordance with paragraphs (2) to (4).
(2) For regulation 2 insert—“
2. 
Subject to regulation 3, the form of charge prescribed for the purposes of section 216(1) (service of charge before removing) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 is set out in schedule 1.
3. 
Where the decree for removing from heritable property is obtained in connection with proceedings raised under section 14(1)(a) or (b) of the Housing (Scotland) Act 2001 on the ground set out in paragraph 15A of schedule 2 of that Act, the form of charge prescribed for the purposes of section 216(1) (service of charge before removing) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 is set out in schedule 2.”.
(3) In the schedule after “FORM OF CHARGE FOR REMOVING” insert “(REGULATION 2)”.
(4) After the schedule insert—“
SCHEDULE 2
Regulation 3
”
MAIRI McALLAN
A member of the Scottish Government
St Andrew’s House,
Edinburgh
16th December 2025