Part 4Land attachment and residual attachment

Chapter 2Attachment of land

Preparations for sale of attached land

100Protection of purchaser under contract where warrant for sale granted

1

This section applies where—

a

a warrant for sale has been granted under section 97(2) of this Act; and

b

a person (in this section, the “prospective purchaser”) had, before the notice of land attachment was registered, entered into a contract to purchase attached land from the debtor.

2

The sheriff may, on the application of the prospective purchaser and if satisfied as to the matters mentioned in section 99(3) of this Act, make an order—

a

suspending the warrant for sale for a period not exceeding 1 year from the day on which the order is made;

b

requiring the prospective purchaser to pay the price under the contract to the appointed person; and

c

making such other incidental or consequential provision as the sheriff thinks fit.

3

Section 116 of this Act applies to the proceeds of sale paid to the appointed person in pursuance of an order under subsection (2) above as it applies to a sale in pursuance of a warrant for sale.