.: duty to consider delay to eviction (1) The Housing (Scotland) Act 2001 is modified as follows. (2) After section 16 insert— “16A Orders for possession: duty to consider delay 20 (1) When appointing a date for recovery of possession of a house in an order under section 16(2), the court must consider whether it would be reasonable in the circumstances to appoint a date that delays the effect of giving the landlord the right to recover possession of the house (but see subsection (5)). (2) The court may consider in particular— 25 (a) whether giving the landlord the right to recover possession without a period of delay would— (i) cause the tenant or a member of the tenant’s household to experience financial hardship, (ii) have a detrimental effect on the health of the tenant or a member 30 of the tenant’s household, or (iii) have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability, (b) whether a seasonal factor would contribute to any financial hardship or 35 detrimental effect mentioned in paragraph (a). (3) In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010. (4) For the purposes of subsections (1) and (2), the court must give the tenant and the landlord an opportunity to make representations about whether it would 40 be reasonable to delay giving the landlord the right to recover possession. 36 Housing (Scotland) Bill Part 2—Dealing with evictions (5) Subsection (1) does not apply if the court is satisfied that the only grounds established for the order for recovery of possession are one or more of the grounds set out in paragraphs 2, 5, 7, 8 and 15A of schedule 2. (6) The Scottish Ministers may by regulations modify this section as regards the 5 matters that may be considered by the court.”. (3) After section 36 insert— “36A Recovery of possession: duty to consider delay (1) When appointing a date for recovery of possession of a house in an order under section 36(5), the court must consider whether it would be reasonable 10 in the circumstances to appoint a date that delays the effect of giving the 1 landlord the right to recover possession of the house (but see subsection (5)). (2) The court may consider in particular— (a) whether giving the landlord the right to recover possession without a period of delay would— 15 (i) cause the tenant or a member of the tenant’s household to experience financial hardship, (ii) have a detrimental effect on the health of the tenant or a member of the tenant’s household, or (iii) have another detrimental effect on the tenant or a member of the 20 tenant’s household due to the tenant or the member of the tenant’s household having a disability, (b) whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a). (3) In subsection (2), “disability” is to be construed in accordance with section 6 25 of the Equality Act 2010. (4) For the purposes of subsections (1) and (2), the court must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay giving the landlord the right to recover possession. (5) Subsection (1) does not apply if the court is satisfied that the only reasons 30 established for the order for recovery of possession are comparable...