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Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 198 is up to date with all changes known to be in force on or before 05 December 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)In this Part—
“decree” has the meaning given by section 221 of this Act, being a decree which, or an extract of which, authorises money attachment;
“document of debt” has the meaning given by section 221 of this Act, being a document which, or an extract of which, authorises money attachment;
“dwellinghouse” has the same meaning as in section 45 of the 2002 Act;
F1...
“money” has the meaning given by section 175 of this Act;
[F2 “ officer of court ” means the officer of court appointed by the creditor; ]
“payment order” has the meaning given by section 183(2) of this Act;
“schedule of money attachment” has the meaning given by section 179(1) of this Act; and
“sum recoverable by the money attachment” has the meaning given by section 177(1) 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.
(3)Where—
(a)a schedule, report or statement under this Part of this Act requires to be signed; and
(b)provision is made by virtue of this Part of this Act or by any other enactment permitting the schedule, report or statement to be an electronic communication,
the requirement is satisfied by a certified electronic signature.
Textual Amendments
F1Words in s. 198(1) repealed (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1)(3), Sch. 1
F2Words in s. 198(1) inserted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 29; S.S.I. 2011/30, art. 3(1)(3), Sch. 1
Commencement Information
I1S. 198 wholly in force at 23.11.2009; s. 198 not in force at Royal Assent see s. 227; s. 198(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); s. 198 in force at 23.11.2009 in so far as not already in force by S.S.I. 2009/369, art. 3 (with transitional modifications in art. 4)
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