Part 4Land attachment and residual attachment

Chapter 3Residual attachment

General and miscellaneous

145Interpretation

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—

    1. a

      the Court of Session; or

    2. 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;

  • “judicial officer” means the judicial officer appointed by the creditor;

  • “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.