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Act of Sederunt (Rules of the Court of Session 1994) 1994

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Forms for diligence

16.15.  (1)  In the execution of diligence, the following forms shall be used:–

(a)in the case of an arrestment to found jurisdiction, a schedule in Form 16.15—A and a certificate of execution in Form 16.15–H;

(b)Subject to sub-paragraph (e), in the case of an arrestment on the dependence, a schedule in Form 16.15–B and a certificate of execution in Form 16.15–H;

(c)in the case of an arrestment in rem of a ship or cargo to enforce a maritime hypothec or lien, a schedule in Form 16.15—C and a certificate of execution in Form 16.15–I;

(d)in the case of an arrestment in rem of a ship to enforce a non-pecuniary claim, a schedule in Form 16.15–D and a certificate of execution in Form 16.15–I;

(e)in the case of an arrestment of a ship or cargo on board ship on the dependence, a schedule in Form 16.15–B and a certificate of execution in Form 16.15–J;

(f)subject to paragraph (g), in the case of an arrestment in execution, a schedule in Form 16.15–E and a certificate of execution in form 16.15–H;

(g)in the case of an earnings arrestment, or a current maintenance arrestment, within the meaning of Part III of the Debtors (Scotland) Act 1987(1), a schedule in Form 30 (in respect of an earnings arrestment), or Form 34 (in respect of a current maintenance arrestment), and a certificate of execution in Form 60, in the Schedule to the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988(2);

(h)in the case of an inhibition, a schedule in Form 16.15–F and a certificate of execution in Form 16.15–H;

(i)in the case of the execution of a charge for payment of money, a charge in Form 16.15—G and a certificate of execution in Form 16.15.–K; and

(j)in the case of a poinding, a schedule in Form 5, and a certificate of execution in Form 60, in the Schedule to the Act of Sederunt (Proceedings in the Sheriff Court under the Debtors (Scotland) Act 1987) 1988.

(2) Where two or more of the arrestments mentioned in paragraph (1)(a), (b), (c) and (d) are to be executed, they may be combined in one schedule of arrestment.

(2)

S.I. 1988/2013.

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