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Bankruptcy and Diligence etc. (Scotland) Act 2007

New section 9L – Duration of interim attachment

550.Section 9L(1) provides that an interim attachment, unless recalled, will continue to have effect—

  • for a period of 6 months after the conclusion of the action on the dependence of which interim attachment was executed provided—

    • the creditor obtains a final interlocutor for payment of all or part of a principal sum concluded for;

    • the creditor obtains a final interlocutor in the creditor’s favour in respect of another remedy concluded for in that action such as an action for delivery; or

    • where the final interlocutor is of absolvitor or dismissal, the court grants a decree in relation to expenses under section 9Q(1)(b);

  • until the court grants decree of absolvitor in favour of the debtor or dismisses the action and no decree for expenses under section 9Q(1)(b) is granted; or

  • when, by virtue of section 9L(3), the creditor agrees to the interim attachment ceasing to be in force in relation to every attached item.

551.Subsection (2) provides that an interim attachment ceases to have effect if an attached item is attached by the creditor in execution of the final interlocutor or decree mentioned in subsection (1)(a).

552.Subsection (3) provides that the creditor may at any time agree in writing to the interim attachment ceasing to have effect in relation to a specific attached item. The attachment ceases when the court is so notified.

553.Subsection (4) provides that the court may, on application by the creditor, extend the time an interim attachment continues to have effect after final interlocutor in the creditor’s favour, but only if the application is made before the 6-month period expires and the court is satisfied that exceptional circumstances make it reasonable to grant the application.

554.Subsection (5) provides that an application by a creditor under subsection (4) for an extension to the 6-month period must be in the form prescribed in rules of court and must be intimated by the creditor to the debtor and any other interested parties. The creditor must also intimate the court’s decision on the application to the same parties (see subsection (6)).

555.Where an application is made under subsection (4) but not determined before the expiry of the 6-month period, subsection (7) has the effect of extending that period until the application is disposed of.

556.Subsection (8) makes it clear that the calculation of the 6-month period under subsection (1)(a) should not include any period during which a time to pay direction, interim order or time to pay order under the 1987 Act is in existence.

557.Subsection (9) defines, for the purposes of subsection (1), what a “final interlocutor” is and when an action is “disposed of”.

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