Part 2 S Attachment

General and miscellaneous provisions S

45 Interpretation of this Part and Parts 3 and 4 S

In this Part and in Parts 3 and 4 of this Act—

• “chargeable expenses” means expenses chargeable against the debtor in accordance with this Part of this Act;

• “dwellinghouse” does not include—

  (a)

  a garage, even although it forms part of the structure or building which consists of or includes the dwellinghouse; or

  (b)

  other structures or buildings used in connection with the dwellinghouse,

  but does include a mobile home or other place used as a dwelling;

• “exceptional attachment order” has the meaning given by section 47(1) below;

• “mobile home” means a caravan, houseboat or other moveable structure used as a dwelling;

• “non-essential assets” has the meaning given by schedule 2 to this Act;

• “officer” means the officer of court appointed by a creditor F1 ...;

• “sum recoverable” means the debt in respect of which the attachment is executed together with any interest thereon and any chargeable expenses; and

• “summary warrant” means a summary warrant granted under, or by virtue of, any enactment.

Textual Amendments

F1 Words in s. 45 repealed (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1)(3), Sch. 1