Protection of rights of spouse against arrangements intended to defeat them S

11 Poinding. S

• Where [F1 an attachment]F1 has been executed of furniture and plenishings of which the debtor’s spouse has the possession or use by virtue of an order under section 3(3) or (4) of this Act, the sheriff, on the application of that spouse within 40 days of the date of execution of [F2 the attachment]F2 , may—

  (a)

  declare that [F2 the attachment]F2 is null; or

  (b)

  make such order as he thinks appropriate to protect such possession or use by that spouse,

  if he is satisfied that the purpose of the diligence was wholly or mainly to prevent such possession or use.

Textual Amendments

F1 Words in s.11 substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp. 17), ss. 61, 64(2), Sch. 3 Pt. 1 para. 13(a)

F2 Words in s. 11 substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp. 17), ss. 61, 64(2), Sch. 3 Pt. 1 para. 13(b)

Modifications etc. (not altering text)

C1 S. 11 applied with modifications by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 14(5)(b)(iii), 29(4)