http://www.legislation.gov.uk/asp/2007/3/section/178/2016-06-28Bankruptcy and Diligence etc. (Scotland) Act 2007An Act of the Scottish Parliament to amend the law of sequestration and personal insolvency; to amend the law about floating charges; to establish a Scottish Civil Enforcement Commission and replace officers of court with judicial officers; to amend the law of diligence; and for connected purposes.texttext/xmlenStatute Law Database2025-01-20Expert Participation2016-06-28
Bankruptcy and Diligence etc. (Scotland) Act 2007s. 214(2)(m) and wordThe Bankruptcy and Diligence etc. (Decrees for Removing from Heritable Property) (Scotland) Amendment Order 2025art. 2(b)art. 1Bankruptcy and Diligence etc. (Scotland) Act 2007s. 216(2C)(2D)The Domestic Abuse (Protection) (Scotland) Act 2021 (Consequential and Supplementary Amendments) Regulations 2026reg. 4reg. 1Bankruptcy and Diligence etc. (Scotland) Act 2007ActThe International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018reg. 8reg. 1
Part 8
Attachment of money<Emphasis>Execution of money attachment</Emphasis>Presumption of ownership1781An officer of court may, when executing a money attachment, assume that the debtor owns, solely or in common with a third party, any money found in the place where the attachment is executed.2The officer of court must, before attaching any money, make enquiries of any person present at the place in which it is found as to the ownership of it (and in particular must enquire as to whether there is any person who owns it in common with the debtor).3The officer of court may not make the assumption mentioned in subsection (1) above where the officer knows or ought to know that the contrary is the case.4The officer of court is not precluded from relying on that assumption by reason only that an assertion has been made that the money is not owned by the debtor.Words in s. 178(1) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 28; S.S.I. 2011/30, art. 3(1)(3), Sch. 1Words in s. 178(2)-(4) 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