Part 1A

Diligence on the dependence

Execution before service

Execution of diligence before service of summons
15G
1
This section applies where diligence by—
a
arrestment; or
b
inhibition,
on the dependence of an action is executed before service of the summons on the debtor.
2
Subject to subsection (3) below, if the summons is not served on the debtor before the end of the period of 21 days beginning with the day on which the diligence is executed, the diligence shall cease to have effect.
3
The court may, on the application of the creditor, make an order extending the period referred to in subsection (2) above.
4
In determining whether to make such an order the court shall have regard to—
a
the efforts of the creditor to serve the summons within the period of 21 days; and
b
any special circumstances preventing or obstructing service within that period.
Pt. 1A inserted (1.4.2008 except for the insertion of s. 15H(4), 22.4.2009 in so far as not already in force) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 169, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(b)(i) (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3); S.S.I. 2009/67, art. 3(1)(c) (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))