F1F1Part 1ADiligence on the dependence
Annotations:
Amendments (Textual)
Restriction on property attached
15JProperty affected by inhibition on dependence
Where the court grants warrant for diligence by inhibition on the dependence—
a
in a case where the action is brought for specific implement of an obligation—
i
to convey heritable property to the creditor;
ii
to grant in the creditor's favour a real right in security over such property; or
iii
to grant some other right over such property,
the court shall limit the property inhibited to that particular property; and
b
in any other case, the court may limit the property inhibited to such property as the court may specify.
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))