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Part 2SAttachment

Attachment of articles kept outwith dwellinghouses etc.S

19 Removal and auction of attached articlesS

(1)[F1An officer] may, after the report of attachment has been received by the sheriff—

(a)make arrangements for the auction of the attached articles; and

(b)on the date specified in the notice given under section 27(4) below, remove the attached articles from the place at which they are kept.

(2)The officer may open shut and lockfast places for the purpose of so removing the attached articles.

(3)The officer may not remove any vehicle in respect of which an application for an order under subsection (1) or (3) of section 22 below has been made but not disposed of.

(4)The officer may remove to the place at which the auction is to be held such attached articles as, if sold at their values fixed under subsection (2) or, as the case may be, (3) of section 15 above, would realise in aggregate the sum recoverable at the time of the auction.

(5)The remaining attached articles will cease to be subject to attachment.

(6)An attached article shall not, subject to any order made under section 20(1)(b) or 22(3) below, be auctioned before the date which is 7 days after the date on which the article is removed by the officer from the place at which it was attached.

Textual Amendments