[F19CApplication for warrant for interim attachmentS
(1)A creditor may, at any time during which an action is in dependence, apply to the court for warrant for interim attachment.
(2)An application under subsection (1) above shall—
(a)be in (or as nearly as may be in) the form prescribed by Act of Sederunt;
(b)subject to subsection (3) below, be intimated to and provide details of—
(i)the debtor; and
(ii)any other person having an interest;
(c)state whether the creditor is seeking the grant, under section 9D(1) below, of warrant for interim attachment in advance of a hearing on the application under section 9E below; and
(d)contain such other information as the Scottish Ministers may by regulations prescribe.
(3)An application under subsection (1) above need not be intimated where the creditor is seeking the grant, under section 9D(1) below, of warrant in advance of a hearing on the application under section 9E below.
(4)The court, on receiving an application under subsection (1) above, shall—
(a)subject to section 9D below, fix a date for a hearing on the application under section 9E below; and
(b)order the creditor to intimate that date to—
(i)the debtor; and
(ii)any other person appearing to the court to have an interest.]
Textual Amendments
F1Pt. 1A inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 173, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(c) (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)