Debt Arrangement and Attachment (Scotland) Act 2002

[F1 9R Ascription of sums recovered while interim attachment is in effect S

(1) This section applies where—

(a) any amounts are—

(i) secured by an interim attachment; and

(ii) while the attachment is in effect, paid to account of the amounts recoverable from the debtor; and

(b) that interim attachment ceases to have effect.

(2) Such amounts shall be ascribed to the following in the order in which they are mentioned—

(a) the expenses incurred in—

(i) obtaining warrant for; and

(ii) executing,

the interim attachment;

(b) any interest which has accrued, in relation to a sum due under a decree granted by virtue of the conclusion in relation to which warrant for interim attachment was granted, as at the date of execution;

(c) any sum due under that decree together with such interest as has accrued after that date.

(3) Where an interim attachment is followed by an attachment in execution of a decree granted by virtue of the conclusion in relation to which the warrant for the interim attachment was granted, section 41 below shall apply to amounts to which this section applies as it applies to amounts to which that section applies.]

Textual Amendments

F1 Pt. 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)