Search Legislation

Bankruptcy and Diligence etc. (Scotland) Act 2007

Abolition of maills and duties
Section 207 – Abolition of maills and duties

725.Section 207(1) abolishes the diligence of maills and duties which enabled creditors who had a security over heritable property to recover rents due from tenants of that property. For instance, where a creditor had a security over a debtor’s land and the debtor had let the land to a tenant, the creditor could raise an action of maills and duties to attach the rent due from the debtor’s tenant. An action for maills and duties was not available to creditors holding standard securities and was therefore not widely used.

726.Subsection (1) also ensures that any legislative provision or rule of law relating to maills and duties no longer has effect.

727.Subsection (2) limits the effect of the abolition by providing that it does not affect any action of maills and duties which has been commenced prior to this section coming into force.

728.Consequential repeals (of obsolete provisions containing references to maills and duties) are included in schedule 6.

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