Search Legislation

Bankruptcy and Diligence etc. (Scotland) Act 2007

Commentary

Schedule 3 – Expenses of Money Attachment (Introduced by Section 196)

646.Paragraph 1 lists all the expenses incurred in relation to a money attachment that are to be chargeable against a debtor.

647.Paragraph 3 provides that the debtor and creditor are liable for their own expenses in relation to applications, objections, oppositions and hearings under this Part but paragraph 4 allows the sheriff to award expenses against one party in favour of the other if any of these actions are done on frivolous grounds.

Section 197 – Ascription

648.Section 197 provides that, where any sums are recovered by the money attachment or paid by the debtor while the money attachment is in force, those sums will be ascribed to the following heads of claim in the following order—

  • the expenses of the money attachment which are chargeable against the debtor;

  • any interest on the sum due under the decree accrued up to the date of the money attachment;

  • the sum due under the decree (including interest on that sum which has accrued since the date the money attachment was executed).

Section 198 – Interpretation

649.Section 198 defines what is meant by the expressions used in this Part. Subsection (2) provides the Scottish Ministers with power (exercisable by order subject to negative resolution procedure) to modify the definitions of “decree” and “document of debt”. Subsection (3) makes provision for electronic signatures where any document that requires to be signed under this Part is submitted in electronic form. The signature has to be a certified electronic signature which complies with the requirements of the Electronic Communications Act 2000 (c.7).

Back to top

Options/Help

Print Options

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources