Abolition of offices of messenger-at-arms and sheriff officer
Part 4 Land attachment and residual attachment
Preparations for sale of attached land
93.Notice to local authority of application for warrant for sale
96.Creditor's duties prior to full hearing on application for warrant for sale
98.Application for warrant for sale of sole or main residence
99.Protection of purchaser under contract where creditor applies for warrant for sale
100.Protection of purchaser under contract where warrant for sale granted
105.Effect of certain refusals of application for warrant for sale under section 97(5)
Land attachment subsequent to reduction of deed granted in breach of inhibition
151.Effect on inhibition to enforce obligation when alternative decree granted
152.Effect of conversion of limited inhibition on the dependence to inhibition in execution
153.Property affected by inhibition to enforce obligation to convey heritable property
155.Power of receiver or liquidator in creditors' voluntary winding up to dispose of property affected by inhibition
Part 11 Maills and duties, sequestration for rent and landlord's hypothec
Part 13 Amendments of the Debt Arrangement and Attachment (Scotland) Act 2002
Minor and consequential amendments of the 1985 Act
2.In section 1A (supervisory functions of the Accountant in Bankruptcy)—...
3.(1) Section 2 (appointment and functions of interim trustee) is...
4.(1) Section 5 (sequestration of the estate of living or...
5.In section 6(5) (combination of certain petitions for sequestration), for...
6.In section 7(2)(c) (end of apparent insolvency), for “when” substitute...
7.In section 9(5) (jurisdiction), after “petition” insert “ , the...
8.For section 10 (concurrent proceedings for sequestration or analogous remedy)...
9.In section 11 (creditor's oath)— (a) in subsection (1), for...
11.(1) Section 13 (resignation, removal etc. of interim trustee) is...
12.(1) Section 14 (registration of court order) is amended as...
13.In section 15 (further provision relating to award of sequestration),...
15.In section 17 (recall of sequestration)— (a) in subsection (1)(c),...
16.(1) Section 18 (interim preservation of estate) is amended as...
17.(1) Section 19 (statement of assets and liabilities) is amended...
18.In section 20 (trustee's duty to send information to Accountant...
19.The italic cross-heading preceding section 21 becomes “ Statutory meeting...
20.In section 21A(2) (time limit for giving notice of intention...
21.In section 21B (report where no statutory meeting called)—
22.In section 22(3)(a) (trustee's duty to inform creditors outside Scotland),...
23.(1) Section 24 (election of permanent trustee) is amended as...
24.(1) Section 25 (confirmation of permanent trustee) is amended as...
25.(1) Section 26 (provisions relating to termination of interim trustee's...
26.(1) Section 26A (Accountant in Bankruptcy to account for intromissions)...
28.(1) Section 28 (resignation and death of permanent trustee) is...
29.(1) Section 29 (removal of permanent trustee and trustee not...
30.(1) Section 31 (vesting of estate at date of sequestration)...
31.Section 31A (proceedings under EC regulation: modified definition of “estate”)...
32.In section 32 (vesting of estate and dealings of debtor...
33.In section 37(1) (effect of sequestration on diligence), for “court”...
34.(1) In section 38(1)(a) (taking possession of estate by permanent...
35.(1) Section 39 (management and realisation of estate) is amended...
37.In section 41(1) (protection of occupancy rights of non-entitled spouse)—...
38.In section 41A(1) (protection of occupancy rights of civil partner)—...
41.In section 46(1) (warrant to apprehend)— (a) in paragraph (a),...
42.In section 48 (submission of claims to permanent trustee)—
43.In section 51(1)(d) (order of priority in distribution), for “the...
44.(1) Section 52 (estate to be distributed in respect of...
45.In section 53 (procedure after end of accounting period)—
46.After section 53, insert— Modification of procedure under section 53...
47.In section 55, subsection (3) (references to a fine or...
48.The italic cross-heading preceding section 57 becomes “ Discharge of...
49.The heading to section 57 becomes “ Discharge of trustee...
50.In section 58A(7) (discharge of Accountant in Bankruptcy), after “sequestration”...
51.In section 59A(1) (petition for conversion into sequestration), for “court”,...
52.In section 59B(1)(c) (contents of affidavit), for “court”, in both...
54.In section 60B(2) (trustee to give notice or provide copies...
55.In section 61 (extortionate credit transactions), for “court”, in both...
56.The heading to section 64 becomes “ Debtor to co-operate...
57.In section 65(1) (arbitration and compromise), for “court” substitute “...
58.The heading to section 69 becomes “ Outlays of insolvency...
59.In section 70(1)(a) (supplies by utilities), for “the petition was...
62.In Part II of Schedule 7 (re-enactment of certain provisions...
The Scottish Civil Enforcement Commission
4.Subject to paragraphs 5 to 14 below, a member appointed...
5.Subject to paragraphs 6 to 10 below, members are appointed...
10.The Scottish Ministers may remove a member from office if...
11.Where— (a) a person makes a complaint to the Commission...
12.The Commission may revoke or extend a suspension made under...
Modifications of enactments relating to admiralty actions and the arrestment of ships
Minor and consequential amendments
The Companies Clauses Consolidation (Scotland) Act 1845 (c. 17)
The Titles to Land Consolidation (Scotland) Act 1868 (c. 101)
The Abolition of Domestic Rates etc. (Scotland) Act 1987 (c. 47)
The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
The Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)