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Bankruptcy and Diligence etc. (Scotland) Act 2007

Section 108 – Appointed person

326.Section 108 makes provision about the appointed person and that person’s functions (the main function being to carry out the sale of the attached land under the warrant).

327.Subsection (1) provides that the appointed person is an officer of the court and must act independently of the creditor, debtor and any other interested person. Subsection (2) requires the appointed person to lodge a bond of caution before exercising any functions under this Chapter.

328.Subsection (3) provides that the appointed person may apply to the sheriff who granted the warrant for sale for directions as to how to perform any of the appointed person’s functions.

329.Subsection (5) provides that the appointed person is liable to the creditor, debtor, any person who owns the attached land in common with the debtor and any secured creditor for patrimonial loss as a result of negligence on the part of the appointed person in executing the warrant for sale. Subsections (6) and (7) provide that the creditor is liable for the appointed person’s expenses and outlays incurred in exercising that person’s functions, but that those expenses are expenses of the land attachment and the creditor can recover them from the debtor.

330.Subsection (8) gives the Scottish Ministers power to make further provision about the functions of the appointed person. This power is exercisable by regulations subject to negative resolution procedure (see section 224(3)).

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