Explanatory Notes

Bankruptcy and Diligence etc. (Scotland) Act 2007

2007 asp 3

15 January 2007

The Act

Commentary

Part 4 – Land Attachment and Residual Attachment
Chapter 2 – Attachment of land
Preparations for sale of attached land
Section 100 – Protection of purchaser under contract where warrant for sale granted

305.This section applies where a prospective purchaser had (before notice of land attachment was registered) entered into a contract to buy attached land from the debtor and a warrant for sale is subsequently granted.

306.Subsection (2) operates in a similar way to section 99(2) and (3) and provides that the sheriff may make an order suspending the warrant for a period of up to 1 year and requiring the prospective purchaser to pay the price under the contract to the appointed person.

307.Subsection (3) operates in a similar way to section 99(4).