Print Options
PrintThe Whole
Act
PrintThe Whole
Part
PrintThis
Section
only
Changes over time for: Section 73Q
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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Point in time view as at 31/12/2020.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.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[73QApplication 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.]
Back to top