Part 3A

Arrestment and action of furthcoming

Arrestee's duty of disclosure
73G
1
This section applies where a creditor arrests—
a
in pursuance of a warrant granted for diligence on the dependence of an action; or
b
in execution of a decree or document of debt.
2
The arrestee shall, before the expiry of the period mentioned in subsection (3) below, send to the creditor in (or as nearly as may be in) the form prescribed by the Scottish Ministers by regulations, the information mentioned in subsection (4) below.
3
The period referred to in subsection (2) above is the period of 3 weeks beginning with the day on which the arrestment is executed.
4
The information referred to in subsection (2) above is—
a
where any property, other than funds due to the debtor, is attached—
i
the nature of that property; and
ii
the value of it in so far as known to the arrestee; and
b
where any such funds are attached, the nature and value of those funds.
5
The arrestee shall, at the same time as sending, under subsection (2) above, the information to the creditor, send a copy of it to—
a
the debtor; and
b
in so far as known to the arrestee, any person—
i
who owns or claims to own attached property; or
ii
to whom attached funds are or are claimed to be due,
solely or in common with the debtor.
Pt. 3A inserted (1.4.2008 for the insertion of ss. 73A(5), 73B(2), 73C(2), 73E(3), 73F(6), 73G(2), 73H(1)(2), 73M(2)(a), 73Q(3)(a), 73S(1)(2) for specified purposes and for the insertion of s. 73A(2), 22.4.2009 otherwise except for the insertion of s. 73D) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 206, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(e)(4), sch. 3 (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)(b) (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))
S. 73G(2) modified (22.4.2009) by The Enforcement of Fines etc. (Diligence) (Scotland) Regulations 2009 (S.S.I. 2009/110), regs. 1(1), 2(b)