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Debt Arrangement and Attachment (Scotland) Act 2002

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Expenses chargeable against the debtorS

This section has no associated Explanatory Notes

1Subject to paragraphs [F11A,] 2 and 3 below, there shall be chargeable against the debtor any expenses incurred—

(a)subject to section 90(7) of the Debtors (Scotland) Act 1987 (c.18), in serving a charge;

(b)in executing an attachment;

(c)in relation to a valuation arranged under section 15(3), 21(14) or 54(1) above (including the fees and outlays of the person who carried out the valuation);

(d)in making a report under section 17(1) of this Act of the execution of an attachment, but not in applying for an extension of time for the making of such a report;

(e)in granting a receipt under section 18(3) or 56(4) above;

(f)in making a report under section 18(5) above of the redemption by the debtor of any attached article;

(g)in giving notice to the debtor under section 27(4) above;

(h)in giving public notice under section 27(5) above;

(i)in removing any attached articles from the place at which they were attached;

(j)in opening shut and lockfast places for that purpose;

(k)in storing attached articles during the period between the time when they were removed from the place at which they were attached and the time when the attachment ceases to have effect (by virtue of the articles being auctioned or otherwise);

(l)in making arrangements for, conducting and supervising an auction of attached articles;

(m)where the arrangements for an auction have been cancelled under section 29(1) above, in returning attached articles to any premises from which they have been removed for auction;

(n)in making a report of an agreement under section 29(3)(a) above;

(o)subject to section 32(3) above, in making a report of auction under section 32(1) above;

[F2(oa)in serving notice on the debtor under section 49(1)(b) above;]

(p)by a solicitor in instructing an officer to take any of the steps specified in this paragraph.

Textual Amendments

F1Word in Sch. 1 para. 1 inserted (31.3.2007 for specified purposes) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), Sch. 5 para. 30(15) (with s. 223); S.S.I. 2007/82, art. 4(e)(i)

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