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Bankruptcy and Diligence etc. (Scotland) Act 2007

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Point in time view as at 01/07/2010. This version of this provision is prospective. Help about Status

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Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 131 is up to date with all changes known to be in force on or before 07 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

Prospective

131Effect of application for residual attachment orderS
This section has no associated Explanatory Notes

(1)Where an application for a residual attachment order is intimated to a debtor, the debtor must not, during the period mentioned in subsection (2) below, take any of the steps mentioned in subsection (3) below in relation to the property specified in the application.

(2)The period referred to in subsection (1) above is the period—

(a)beginning with the day on which the application is intimated to the debtor; and

(b)ending with the day on which the court—

(i)makes a residual attachment order; or

(ii)dismisses the application.

(3)The steps referred to in subsection (1) above are—

(a)transferring or otherwise disposing of the property;

(b)burdening the property;

(c)granting any licence or sub-licence in relation to the property; or

(d)entering into any agreement to do anything mentioned in paragraph (a), (b) or (c) above in relation to the property.

(4)Any step mentioned in subsection (3) above which is taken in breach of subsection (1) above is void.

(5)Breach by the debtor or any other person of subsection (1) above may be dealt with as a contempt of court.

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