Part 4 SLand attachment and residual attachment

Chapter 3 SResidual attachment

General and miscellaneous S

145 Interpretation S

(1) In this Chapter—

• “appointed person” has the meaning given by section 136(5)(a)(i) of this Act;

• “attached property” has the meaning given by section 134(1) of this Act;

• “court” means—

  (a)

  the Court of Session; or

  (b)

  the sheriff,

  and references to applying to the court are references to applying by petition or, as the case may be, by summary application;

• “croft” has the meaning given by section 3 of the Crofters (Scotland) Act 1993 (c. 44);

• “decree” has the meaning given in section 221 of this Act (except that paragraphs (c), (g) and (h) of the definition of “decree” in that section do not apply) being a decree which, or an extract of which, authorises residual attachment;

• “document of debt” has the meaning given in section 221 of this Act, being a document which, or an extract of which, authorises residual attachment;

• “dwellinghouse” includes any yard, garden, outbuilding or other pertinents;

• [F1 “ officer of court ” means the officer of court appointed by the creditor; ]

• F2 ...

• “residual attachment order” means an order under section 132(2) of this Act;

• “satisfaction order” means an order under section 136(2) of this Act; and

• “sum recoverable by the residual attachment” has the meaning given by section 134(2)(b) of this Act.

(2) The Scottish Ministers may by order modify the definitions of “decree” and “document of debt” in subsection (1) above by—

(a) adding types of decree or document to;

(b) removing types of decree or document from; or

(c) varying the description of,

the types of decree or document to which those definitions apply.

Textual Amendments

F1 Words in s. 145(1) inserted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 27; S.S.I. 2011/30, art. 3(1)(3), Sch. 1

F2 Words in s. 145(1) repealed (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1)(3), Sch. 1

Commencement Information

I1 S. 145 partly in force; s. 145 not in force at Royal Assent see s. 227; s. 145(2) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)