Search Legislation

Debtors (Scotland) Act 1987

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 73Q

 Help about opening options

Alternative versions:

Status:

Point in time view as at 31/12/2020.

Changes to legislation:

Debtors (Scotland) Act 1987, Section 73Q is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F173QApplication for release of property where arrestment unduly harshS

(1)This section applies where—

(a)a creditor—

(i)obtains final decree in an action on the dependence of which the creditor executed an arrestment; or

(ii)arrests in execution of a decree or document of debt; and

(b)the arrestment attaches funds due to or other moveable property of the debtor.

(2)The debtor may apply to the sheriff for an order—

(a)providing that the arrestment ceases to have effect in relation to—

(i)the funds or other property attached; or

(ii)so much of those funds or that property as the sheriff specifies; and

(b)requiring the arrestee to release the funds or property to the debtor.

(3)An application under subsection (2) above shall be—

(a)in (or as nearly as may be in) the form prescribed by Act of Sederunt;

(b)made at any time during which the arrestment has effect; and

(c)intimated to—

(i)the creditor;

(ii)the arrestee; and

(iii)any other person appearing to have an interest.]

Textual Amendments

F1Pt. 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))

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?