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

Applying for release of vehicle or mobile home from attachment, or for sale of vehicle

16.—(1) The following applications shall be in form 11:–

(a)an application by the debtor or a third party under section 16(1) for the attachment of a mobile home to cease to have effect;

(b)an application by the debtor under section 22(1) for the attachment of a vehicle to cease to have effect because the auction of the vehicle would be unduly harsh; or

(c)an application by the debtor under section 22(3) for the immediate sale of a vehicle because the auction of the vehicle would be unduly harsh.

(2) On the lodging of an application under paragraph (1) the sheriff clerk shall–

(a)fix a date for a hearing;

(b)grant a warrant for intimation;

(c)intimate the application and the warrant to the creditor, the officer of court who executed the order, the debtor and (where appropriate) the third party; and

(d)complete a certificate of intimation.

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