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(1)Where the sheriff is satisfied that the aggregate of the values of attached articles fixed under section 15(2) or (3) above or, as the case may be, section 51 or 54(1) below is substantially below the aggregate of the prices which they are likely to fetch if sold on the open market, the sheriff may, on or before the day which immediately precedes the day on which the articles are to be auctioned, order that the attachment is to cease to have effect.
(2)The sheriff may make an order under subsection (1) above on the application of the debtor or on the sheriff’s own accord.
(3)The sheriff shall not make such an order without first giving the debtor and the creditor—
(a)an opportunity to make representations; and
(b)if either party wishes to be heard, an opportunity to be heard.
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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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