Part 8

Attachment of money

Release of money attached

Redemption of banking instrument
188
1
The debtor may, before the expiry of the period of 14 days beginning with the date on which the report of money attachment is made, redeem a banking instrument attached by the money attachment.
2
The debtor may not redeem an instrument in relation to which an order under section 181(3) of this Act has been made.
3
The amount for which such an instrument may be redeemed is the value of the instrument specified in the report of money attachment.
4
The officer of court must, on receiving payment from the debtor for the redemption of an attached instrument—
a
grant a receipt in (or as nearly as may be in) the form prescribed by Act of Sederunt to the debtor; and
b
report the redemption to the sheriff as soon as is reasonably practicable.
5
The money attachment ceases, on the grant of such a receipt, to have effect in relation to the redeemed instrument.
S. 188 wholly in force at 23.11.2009; s. 188 not in force at Royal Assent see s. 227; s. 188(4)(a) 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. 188 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)
Words in s. 188(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