Part 4

Land attachment and residual attachment
Chapter 3

Residual attachment

General and miscellaneous

Interpretation
145
1
In this Chapter—
- “appointed person” has the meaning given by section 136(5)(a)(i) of this Act;
- “attached property” has the meaning given by section 134(1) of this Act;
- “court” means—
  1. the Court of Session; or
  2. the sheriff,
and references to applying to the court are references to applying by petition or, as the case may be, by summary application;
- “croft” has the meaning given by section 3 of the Crofters (Scotland) Act 1993 (c. 44);
- “decree” has the meaning given in section 221 of this Act (except that paragraphs (c), (g) and (h) of the definition of “decree” in that section do not apply) being a decree which, or an extract of which, authorises residual attachment;
- “document of debt” has the meaning given in section 221 of this Act, being a document which, or an extract of which, authorises residual attachment;
- “dwellinghouse” includes any yard, garden, outbuilding or other pertinents;
- “judicial officer” means the judicial officer appointed by the creditor;
- “residual attachment order” means an order under section 132(2) of this Act;
- “satisfaction order” means an order under section 136(2) of this Act; and
- “sum recoverable by the residual attachment” has the meaning given by section 134(2)(b) of this Act.
2
The Scottish Ministers may by order modify the definitions of “decree” and “document of debt” in subsection (1) above by—
a
adding types of decree or document to;
b
removing types of decree or document from; or
c
varying the description of,
the types of decree or document to which those definitions apply.