(1)It is not competent to execute a money attachment on—
(a)a Sunday;
(b)a day which is a public holiday in the area in which the attachment is to be executed; or
(c)such other day as may be prescribed by Act of Sederunt.
(2)The execution of a money attachment must not—
(a)begin before 8 a.m. or after 8 p.m.; or
(b)be continued after 8 p.m.,
unless the [F1officer of court] has obtained prior authority from the sheriff for such commencement or continuation.
[F2(2A)But—
(a)despite subsection (1), it is competent to execute a money attachment in any premises in which a trade or business is carried on on any day the premises are open (whether to the public generally or not) for the purposes of the trade or business, and
(b)despite subsection (2), the execution of a money attachment may be commenced or continued in such premises at any time the premises are open (whether to the public generally or not) for the purposes of the trade or business, without the officer of court obtaining prior authority of the sheriff.]
(3)Subject to section 183(12)(b), 186(3)(b) or 191(4) of this Act, where money is attached (or is purported to be attached) at any place, it is not competent to attach other money kept at that place to enforce the same debt unless that other money is brought to that place after execution of the first money attachment.
(4)Money which has been attached by a money attachment may not, if that money attachment ceases to have effect in relation to that money, be attached again for the same debt.
Textual Amendments
F1Words in s. 176(2) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 24(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
F2S. 176(2A) inserted (20.1.2025) by Bankruptcy and Diligence (Scotland) Act 2024 (asp 9), ss. 19(2), 22(2); S.S.I. 2024/373, reg. 2 (with reg. 3)
Commencement Information
I1S. 176 wholly in force at 23.11.2009; s. 176 not in force at Royal Assent see s. 227; s. 176(1)(c) 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); s. 176 in force at 23.11.2009 in so far as not already in force by S.S.I. 2009/369, art. 3 (with transitional modifications in art. 4)