- Latest available (Revised)
- Point in Time (01/04/2015)
- Original (As enacted)
Point in time view as at 01/04/2015. This version of this cross heading contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Bankruptcy and Diligence etc. (Scotland) Act 2007, Cross Heading: Satisfaction order is up to date with all changes known to be in force on or before 23 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The creditor may, where a residual attachment is in effect, apply to the court for a satisfaction order authorising the satisfaction of the sum recoverable by the residual attachment out of the attached property.
(2)An application under subsection (1) above must—
(a)be in (or as nearly as may be in) the form prescribed by Act of Sederunt;
(b)specify the attached property (or part of it) in relation to which the application is made;
(c)state—
(i)how, were a satisfaction order made, the value of that property would be realised; and
(ii)that doing so would result in the sum recoverable by the residual attachment being paid off or reduced; and
(d)be accompanied by—
(i)a copy of the schedule of residual attachment; and
(ii)any other document prescribed by Act of Sederunt.
(3)An application under subsection (1) above must be intimated to—
(a)the debtor;
(b)any person to whom the residual attachment order was intimated; and
(c)any other person having an interest.
(4)A person who receives intimation under subsection (3) above may, before the expiry of the period of 14 days beginning with the day on which intimation is made, lodge objections to the application.
(5)Where provision is made by virtue of this Chapter or by any other enactment permitting the application under subsection (1) above to be an electronic communication, the requirement in paragraph (d) of subsection (2) above that the application be accompanied by the documents mentioned in that paragraph is satisfied by the provision of electronic communications.
Commencement Information
I1S. 135 partly in force; s. 135 not in force at Royal Assent see s. 227; s. 135(2)(a)(d)(ii) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)
Prospective
(1)At the hearing on an application under section 135(1) of this Act, the court must not make any order without first giving any person who has lodged objections under subsection (4) of that section an opportunity to be heard.
(2)Subject to subsection (6) below, the court may, if satisfied that the application is in order, make—
(a)a satisfaction order authorising the satisfaction of the sum recoverable by the residual attachment out of the attached property (or part of it) specified in the order; and
(b)any other order which the court thinks fit in consequence of the satisfaction order.
(3)A satisfaction order must—
(a)specify the attached property to which it applies; and
(b)require the creditor to intimate the order to—
(i)the debtor; and
(ii)any other person the court specifies.
(4)Without prejudice to the generality of subsection (2) above, a satisfaction order may authorise—
(a)the creditor to sell the attached property;
(b)the transfer of ownership of the property to the creditor;
(c)the transfer of income derived from the property to the creditor; or
(d)the creditor to lease or licence the property.
(5)Where the court makes a satisfaction order—
(a)authorising the sale of attached property, it must—
(i)appoint a suitably qualified person (in this Chapter, the “appointed person”) who is willing to execute the order; and
(ii)specify in the order the period within which the attached property is to be sold;
(b)it may appoint a suitably qualified person to report on the market value of the attached property.
(6)The court must make an order refusing the application for a satisfaction order if satisfied that any of the grounds mentioned in subsection (7) below apply.
(7)The grounds referred to in subsection (6) above are—
(a)the residual attachment is invalid;
(b)the residual attachment has ceased to have effect; or
(c)that—
(i)were the satisfaction order proposed in the application made, it would not result in the value of that property being realised; or
(ii)were that order made and the value of that property realised, it would not result in the sum recoverable by the residual attachment being paid off or reduced.
(8)The court may, if satisfied that making a satisfaction order would be unduly harsh to the debtor or any other person having an interest—
(a)make a satisfaction order but suspend its effect for a period not exceeding 1 year beginning with the day on which the order is made; or
(b)make an order refusing the application.
Prospective
(1)Where a satisfaction order is made, the creditor must, as soon as is reasonably practicable, send a copy of the order to—
(a)the debtor;
(b)where the satisfaction order authorises the sale of the attached property, the appointed person; and
(c)any other person the court specifies in the order.
(2)Where the court refuses to make a satisfaction order, the court must, as soon as is reasonably practicable, send a copy of the order to the debtor and to any other person appearing to the court to have an interest.
Prospective
Where, under section 136(6) of this Act, an order is made refusing an application for a satisfaction order by virtue of the ground mentioned in paragraph (c) of subsection (7) of that section—
(a)the residual attachment does not, by reason only of that refusal, cease to have effect; and
(b)it is competent for the creditor to make a further application under section 135(1) of this Act.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: