Explanatory Notes

Debt Arrangement and Attachment (Scotland) Act 2002

2002 asp 17

17 December 2002

The Act

Part 2 – Attachment

Attachment of articles kept outwith dwellinghouses

Section 16 – Attachment of mobile homes

41.This permits a caravan, houseboat or other moveable structure used as a dwellinghouse, which is the only or principal residence of a third party, to be released from an attachment. The third party must be given notice of the attachment. The debtor or the third party may then, within 14 days of the attachment, apply to the sheriff for its release. If, however, there is good reason for the application being made late the sheriff can consider an application made after that period but before the mobile home is auctioned.