Commentary
Schedule 3 – Expenses of Money Attachment (Introduced by Section 196)
646.Paragraph 1 lists all the expenses incurred in relation to a money attachment that are to be chargeable against a debtor.
647.Paragraph 3 provides that the debtor and creditor are liable for their own expenses in relation to applications, objections, oppositions and hearings under this Part but paragraph 4 allows the sheriff to award expenses against one party in favour of the other if any of these actions are done on frivolous grounds.
Section 197 – Ascription
648.Section 197 provides that, where any sums are recovered by the money attachment or paid by the debtor while the money attachment is in force, those sums will be ascribed to the following heads of claim in the following order—
the expenses of the money attachment which are chargeable against the debtor;
any interest on the sum due under the decree accrued up to the date of the money attachment;
the sum due under the decree (including interest on that sum which has accrued since the date the money attachment was executed).
Section 198 – Interpretation
649.Section 198 defines what is meant by the expressions used in this Part. Subsection (2) provides the Scottish Ministers with power (exercisable by order subject to negative resolution procedure) to modify the definitions of “decree” and “document of debt”. Subsection (3) makes provision for electronic signatures where any document that requires to be signed under this Part is submitted in electronic form. The signature has to be a certified electronic signature which complies with the requirements of the Electronic Communications Act 2000 (c.7).
