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Bankruptcy and Diligence etc. (Scotland) Act 2007

Section 115 – Sheriff’s consideration of report

339.This section provides for the sheriff’s powers on receiving the auditor’s report. Under subsection (1), the sheriff may, after considering that report and the report of sale lodged under section 113(1), make an order approving the report of sale subject to any amendments made following a hearing with all interested parties or by the auditor. Alternatively, the sheriff may, if satisfied that there has been a substantial irregularity in the land attachment, make an order declaring the land attachment void and making any consequential order which the sheriff considers necessary in the circumstances.

340.Subsection (3) deals with intimation of the sheriff’s order by the sheriff clerk. Subsection (4) provides that any order declaring the land attachment void does not affect the title of any person who purchased the attached land under the warrant for sale.

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