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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The sheriff may, on an application by the creditor, the officer or the debtor, at any time after articles have been attached make an order—
(a)for the security of any of the attached articles;
(b)in relation to any of the articles which are of a perishable nature or which are likely to deteriorate substantially and rapidly in condition or value, for the creditor or the officer to make arrangements for their immediate sale and for any proceeds of the sale to be consigned in court.
(2)An application for an order under subsection (1) above—
(a)by the creditor or the officer, shall be intimated by the creditor or, as the case may be, the officer to the debtor;
(b)by the debtor, shall be intimated to the creditor and the officer,
at the time when it is made.
(3)A decision of the sheriff to make an order under subsection (1)(b) above shall not be subject to appeal.
(4)Any sum consigned in court in pursuance of an order made under subsection (1)(b) above shall, where an attachment ceases to have effect before the auction of attached articles is held, be paid to the creditor to the extent necessary to meet the sum recoverable, any surplus thereof being paid to the debtor.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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