Debt Arrangement and Attachment (Scotland) Act 2002

[F1 9F Execution of interim attachment S

(1) Sections 12, 13, 15 and (subject to subsection (6) below) 17 below apply to execution of an interim attachment as they apply to execution of an attachment.

(2) The officer shall, immediately after executing an interim attachment, complete a schedule such as is mentioned in subsection (3) below (in this Part of this Act, a “schedule of interim attachment”).

(3) The schedule of interim attachment—

(a) shall be—

(i) in (or as nearly as may be in) the form prescribed by Act of Sederunt; and

(ii) signed by the officer; and

(b) shall specify—

(i) the articles attached; and

(ii) their value, so far as ascertainable.

(4) The officer shall—

(a) give a copy of the schedule of interim attachment to the debtor; or

(b) where it is not practicable to do so—

(i) give a copy of the schedule to a person present at the place where the interim attachment was executed; or

(ii) where there is no such person, leave a copy of the schedule at that place.

(5) References in this Part of this Act to the day on which an interim attachment is executed are references to the day on which the officer complies with subsection (4) above.

(6) The application of section 17 below shall be subject to the following modifications—

(a) subsections (3)(b) and (4) shall not apply;

(b) in subsections (1), (5) and (6), the references to the sheriff shall be construed as references to the court; and

(c) in subsection (6)(b), the reference to the sheriff clerk shall, in the case of an action in the Court of Session, be construed as a reference to the clerk of the court.]

Textual Amendments

F1 Pt. 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)