Explanatory Notes

Debt Arrangement and Attachment (Scotland) Act 2002

2002 asp 17

17 December 2002

The Act

Part 3 – Attachment of Articles Kept in Dwellinghouses: Special Procedure

Section 53 – Removal of articles attached in dwellinghouse

107.Section 53(1) provides for immediate removal of non-essential assets in execution of an exceptional attachment order once an attachment schedule has been completed unless the officer considers it impractical to do so, for example where specialist handling is required. Section 53(2) provides that if an article is not immediately uplifted, the officer must inform the debtor or any person in possession of the article when it will be removed. Section 53(3) permits only those assets likely to realise the sum due to be removed, according to the values attributed by the officer under Section 51.