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Debtors (Scotland) Act 1987

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88 Warrants for diligence: special cases.S

(1)This section applies where a creditor has acquired by assignation intimated to the debtor, confirmation as executor, or otherwise a right to—

(a)a decree;

(b)an obligation contained in a document an extract of which, after the document has been registered in the Books of Council and Session or in sheriff court books, may be obtained containing warrant for execution;

(c)an order or determination which by virtue of any enactment is enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by a sheriff,

either directly or through a third party from a person in whose favour the decree, order or determination was granted or who was the creditor in the obligation contained in the document.

(2)Where this section applies, the creditor who has acquired a right as mentioned in subsection (1) above may apply to the appropriate clerk for a warrant having the effect of authorising the execution at the instance of that creditor of any diligence authorised by an extract of the decree or document or by the order or determination, as the case may be.

(3)The applicant under subsection (2) above shall submit to the appropriate clerk—

(a)an extract of the decree or of the document registered as mentioned in subsection (1)(b) above or a certified copy of the order or determination; and

(b)the assignation (along with evidence of its intimation to the debtor), confirmation as executor or other document establishing the applicant’s right.

(4)The appropriate clerk shall grant the warrant applied for under subsection (2) above if he is satisfied that the applicant’s right is established.

(5)Where—

(a)a charge has already been served in pursuance of the decree, order, determination or registered document; and

(b)the applicant under subsection (2) above submits with his application the certificate of execution of the charge in addition to the documents mentioned in subsection (3) above,

a warrant granted under subsection (4) above shall authorise the execution at the instance of the applicant of diligence in pursuance of that charge.

(6)For the purposes of this section, “the appropriate clerk” shall be—

(a)in the case of a decree granted by the Court of Session or a document registered (whether before or after such acquisition) in the Books of Council and Session, a clerk of court of the Court of Session;

(b)in the case of a decree granted by the High Court of Justiciary, a clerk of Justiciary;

(c)in the case of a decree granted by a sheriff or a document registered (whether before or after such acquisition) in the books of a sheriff court, the sheriff clerk of that sheriff court;

(d)in the case of such an order or determination as is mentioned in subsection (1)(c) above, any sheriff clerk.

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