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Bankruptcy and Diligence etc. (Scotland) Act 2007

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Changes over time for: Section 145

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Version Superseded: 31/01/2011

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Point in time view as at 01/07/2010. This version of this provision has been superseded. Help about Status

Changes to legislation:

Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 145 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

145InterpretationS
This section has no associated Explanatory Notes

(1)In this Chapter—

  • appointed person” has the meaning given by section 136(5)(a)(i) of this Act;

  • attached property” has the meaning given by section 134(1) of this Act;

  • court” means—

    (a)

    the Court of Session; or

    (b)

    the sheriff,

    and references to applying to the court are references to applying by petition or, as the case may be, by summary application;

  • croft” has the meaning given by section 3 of the Crofters (Scotland) Act 1993 (c. 44);

  • decree” has the meaning given in section 221 of this Act (except that paragraphs (c), (g) and (h) of the definition of “decree” in that section do not apply) being a decree which, or an extract of which, authorises residual attachment;

  • document of debt” has the meaning given in section 221 of this Act, being a document which, or an extract of which, authorises residual attachment;

  • dwellinghouse” includes any yard, garden, outbuilding or other pertinents;

  • judicial officer” means the judicial officer appointed by the creditor;

  • residual attachment order” means an order under section 132(2) of this Act;

  • satisfaction order” means an order under section 136(2) of this Act; and

  • sum recoverable by the residual attachment” has the meaning given by section 134(2)(b) of this Act.

(2)The Scottish Ministers may by order modify the definitions of “decree” and “document of debt” in subsection (1) above by—

(a)adding types of decree or document to;

(b)removing types of decree or document from; or

(c)varying the description of,

the types of decree or document to which those definitions apply.

Commencement Information

I1S. 145 partly in force; s. 145 not in force at Royal Assent see s. 227; s. 145(2) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10)

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