F1F1Part 1ADiligence on the dependence
Restriction on property attached
15HSum attached by arrestment on dependence
1
The court may, subject to subsection (2) below, when granting warrant for arrestment on the dependence, limit the sum which may be attached to funds not exceeding such amount as the court may specify.
2
The maximum amount which the court may specify under subsection (1) above shall be the aggregate of—
a
the principal sum concluded for;
b
a sum equal to 20 per cent of that sum or such other percentage as the Scottish Ministers may, by regulations, prescribe;
c
a sum equal to 1 year's interest on the principal sum at the judicial rate; and
d
any sum prescribed under subsection (3) below.
3
The Scottish Ministers may, by regulations, prescribe a sum which appears to them to be reasonable having regard to the expenses likely to be—
a
incurred by a creditor; and
b
chargeable against a debtor,
in executing an arrestment on the dependence.
4
For the avoidance of doubt, section 73F of this Act applies to any sum attached under this section.
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))