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Debt Arrangement and Attachment (Scotland) Act 2002

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This is the original version (as it was originally enacted).

28Alteration of arrangements for removal or auction

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(1)Subject to subsection (2) below and without prejudice to section 29(4) below, the creditor or the officer is not, after notice has been given under section 27(4) above to the debtor, entitled to arrange—

(a)a new date for the auction; or

(b)where sections 15 to 19 above apply in relation to the attached articles, a new date for the removal of those articles from the place where they are kept.

(2)Where, for any reason for which neither the creditor nor the officer is responsible, it is not possible—

(a)for the auction to be held on the date specified in the notice given under section 27(4) above; or

(b)for the attached articles to be removed from the place where they are kept on the date so specified,

the creditor may instruct the officer to arrange a new date for the auction or, as the case may be, a new date for the removal and the officer shall intimate the new date to the debtor and to any other person in possession of the attached articles.

(3)A new date arranged under subsection (2) above shall not in any case be fewer than 7 days after the date of intimation under that subsection.

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