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14 January, 2021 Open access

Ban on enforcement of eviction orders in Scotland extended to 31 March 2021

New statutory instrument

New regulations have been issued in Scotland extending the ban on the enforcement of eviction orders in order to reduce the incidence and spread of Covid-19.

The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 12) Regulations 2021 (SSI.No.17/2021) include provisions that come into force from 22 January 2021 that amend the principal regulations (SSI.No.344/2020) to prohibit evictions from taking place in Level 3 or 4 local authority areas - as set out in schedules 4 and 5 to the principal regulations (which continue in force until their expiry on 31 March 2021, as provided by regulation 9).

The provisions introduced by the amendment regulations effectively extend the temporary provisions that ban evictions, except in the most serious circumstances, which are currently in force under the Health Protection (Coronavirus) (Protection from Eviction) (Scotland) Regulations 2020 (SSI.No.425/2020) that will expire on 22 January 2021.

The policy note accompanying the regulations clarifies that - 

‘These provisions will come into force from 22 January, when the existing ban on service and enforcement of eviction orders expires. Evictions on certain grounds are excepted from these provisions (meaning that those evictions may still proceed). Those grounds, which we consider are the most serious circumstances, are nuisance or annoyance, antisocial behaviour, and criminal behaviour including domestic abuse. The key purpose in stopping evictions at this time is to prevent households becoming at risk of homelessness and being forced to enter (possibly multiple) other households at a time when that is prohibited.’

SSI.No.17/2021 is available from legislation.gov.uk