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Bankruptcy and Diligence etc. (Scotland) Act 2007

Interim attachment
New section 9A – Interim attachment

515.Section 9A(1) creates interim attachment by giving the court power, subject to sections 9B to 9E, to grant a warrant which will authorise the attachment of corporeal moveable property (owned either solely by the debtor or in common with a third party) on the dependence of a court action.

516.Subsection (2) provides that a warrant for interim attachment is competent only where the court action on the dependence of which it is sought contains a conclusion for payment of a sum of money other than expenses.

517.Subsection (3) has the effect of allowing interim attachment on the dependence of petitions in the Court of Session.

518.Subsection (4) makes it clear that interim attachment is available in all sheriff court actions and also sets out definitions of “court”, “creditor” and “debtor” for this Part of the 2002 Act. It also provides that expressions used in Part 1A of the 2002 Act which are also used in Part 2 of that Act have the same meanings in Part 1A as those expressions have in Part 2, unless the context otherwise requires. As an example, in Part 1A the “officer” means “the judicial officer appointed by the creditor” by virtue of section 45 in Part 2 of the 2002 Act (as amended by paragraph 30(13) of schedule 5 to this Act).

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