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Bankruptcy and Diligence etc. (Scotland) Act 2007

New section 9R – Ascription of sums recovered while interim attachment is in effect

578.Section 9R provides that, where any amounts are secured by an interim attachment or paid to account of the amounts recoverable from the debtor while the attachment is in force, and then the interim attachment ceases to have effect, those sums are ascribed to the heads of claim set out in subsection (2) in the order in which they appear.

579.Subsection (2) provides that those amounts will be credited in the following order: first, to the expenses incurred in obtaining warrant for and executing the interim attachment; secondly, to any interest on the principal sum due under decree in the action which has accrued as at the date of carrying out the interim attachment; and, finally, any sum due under that decree together with any interest which has accrued after that date.

580.Subsection (3) provides that where an interim attachment is followed by the diligence of attachment, section 41 of the 2002 Act (which deals with ascription) will apply to amounts to which section 9R applies as it applies to amounts to which that section applies.

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