Explanatory Notes

Bankruptcy and Diligence etc. (Scotland) Act 2007

2007 asp 3

15 January 2007

The Act

Commentary

Part 4 – Land Attachment and Residual Attachment
Chapter 2 – Attachment of land
Preparations for sale of attached land
Section 105 – Effect of certain refusals of application for warrant for sale under section 97(5)

319.This section provides that, where an application for sale is refused on a ground specified in paragraph (d), (e), (f) or (g) of section 97(6), the land attachment will not, because of that refusal, cease to have effect and it will be competent for the creditor to make a further application for a warrant to sell the attached land.