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Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

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Applying for security of an attached article or sale of a perishable etc. article

15.—(1) An application for an order under section 20(1) for the security of an attached article, or for the sale of an article which is perishable or likely to deteriorate substantially and rapidly in condition or value, shall be in form 10.

(2) The sheriff shall on the lodging of such an application decide what further procedure is appropriate and may dispose of it without intimation to any party or without a hearing.

(3) Where the sheriff considers it appropriate, a date for a hearing shall be fixed.

(4) Where a hearing is fixed the sheriff clerk shall–

(a)intimate the application and warrant for intimation to the applicant and (as appropriate) to the debtor, the creditor and the officer of court who executed the attachment; and

(b)complete a certificate of intimation.

(5) The officer of court who executed the attachment shall lodge with the sheriff clerk a copy of the attachment schedule before the date of the hearing.

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