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Debt Arrangement and Attachment (Scotland) Act 2002
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Debt Arrangement and Attachment (Scotland) Act 2002, Section 17 is up to date with all changes known to be in force on or before 21 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 56(1)(a)(b) substituted for words by 2024 asp 9 s. 18(3)
Commencement Orders yet to be applied to the Debt Arrangement and Attachment (Scotland) Act 2002
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2004/401 art. 3 commences (2002 asp 17)
17 Report of attachmentS
This section has no associated Explanatory Notes
(1)The officer shall, within 14 days of the execution of an attachment (or such longer period as the sheriff on cause shown may allow on application by the officer), make to the sheriff a report of the attachment.
(2)A report made under subsection (1) above shall—
(a)be in the form prescribed by Act of Sederunt; and
(b)be signed by the officer.
(3)Such a report shall specify—
(a)whether any person, in response to enquires made under section 13(2) above, asserted that any attached article is not owned by the debtor (or is owned in common by the debtor and a third party);
(b)whether any attached article has been redeemed under section 18(1) below.
(4)Such a report need not be made in respect of any article or vehicle which has been sold in pursuance of an order made under section 20(1)(b) or, as the case may be, 22(3) below.
(5)The sheriff may refuse to receive such a report on the ground that it has not been made and signed in accordance with subsections (1) and (2) above.
(6)If the sheriff so refuses—
(a)the attachment to which the report relates is to cease to have effect; and
(b)the sheriff clerk shall intimate the refusal to—
(i)the debtor; and
(ii)if another person is in possession of the attached articles, that person.
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