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Debt Arrangement and Attachment (Scotland) Act 2002, Section 9K is up to date with all changes known to be in force on or before 03 September 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.
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(1)Where—
(a)a third party claims to own an article attached by interim attachment; and
(b)the court, on the application of the third party, makes an order stating that it is satisfied that the claim is valid,
the interim attachment of that article shall cease to have effect.
(2)Where—
(a)a third party claims to own an article attached by interim attachment in common with the debtor;
(b)the court, on the application of the third party, makes an order stating that it is satisfied—
(i)that the claim is valid; and
(ii)that the continued attachment of the article would be unduly harsh to the third party,
the interim attachment of that article shall cease to have effect.
(3)Subsection (2) of section 34 below applies where a third party makes an application for the purposes of subsection (1)(b) above as it applies where a third party makes an application for the purposes of subsection (1)(b)(ii) of that section.
(4)Where the attachment of an article ceases, by virtue of an order under subsection (1) or (2) above, to have effect, the officer may attach other articles which are owned by the debtor and kept at the place at which the original interim attachment was executed.]
Textual Amendments
F1Pt. 1A inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 173, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(c) (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)
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