Debt Arrangement and Attachment (Scotland) Act 2002, Cross Heading: Interim attachment: further procedure is up to date with all changes known to be in force on or before 06 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Textual Amendments
F1Pt. 1A inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 173, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(c) (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)
(1)The court may, on an application, at any time after articles have been attached—
(a)by the creditor;
(b)the officer; or
(c)the debtor,
make an order for the security of any of the attached articles.
(2)An application for an order under subsection (1) above shall—
(a)be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and
(b)be intimated—
(i)where it is made by the creditor or the officer, to the debtor;
(ii)where it is made by the debtor, to the creditor and the officer.
(3)At the hearing on the application under subsection (1) above, the court shall not make any order without first giving—
(a)any person to whom intimation of the application was made; and
(b)any other person the court is satisfied has an interest,
an opportunity to be heard.]
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