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Bankruptcy and Diligence etc. (Scotland) Act 2007

New section 9B – Articles exempt from interim attachment

519.Section 9B provides that interim attachment may not be used to attach the following assets—

  • those inside the debtor’s home;

  • those which are exempt under section 11 of the 2002 Act, namely—

    • equipment which the debtor reasonably requires for a profession, trade or business provided it doesn’t exceed £1,000 in aggregate value (or any other sum prescribed in regulations);

    • any vehicle reasonably required by the debtor which is not worth more than £1,000 (or any other sum prescribed in regulations);

    • a mobile home which is the debtor’s only or principal residence;

    • any equipment reasonably required for maintenance of a garden or yard beside or associated with the debtor’s home; and

    • by virtue of the amendment of section 11 by schedules 4 and 5 to this Act, cargo onboard ships and money (as defined in section 175 of this Act);

  • a mobile home which is the only or main residence of a person other than the debtor;

  • those which are perishable or with potential to deteriorate quickly and to a great extent in condition or value; and

  • material for a manufacturing process or goods to be sold as a normal part of a debtor’s stock in trade.

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