83Notice of land attachmentS
(1)A notice of land attachment must—
(a)be in (or as nearly as may be in) the form prescribed by Act of Sederunt;
(b)describe the land to be attached; and
(c)be registered in both—
(i)the property register in which title to the land is registered (in this Chapter, the “appropriate property register”); and
(ii)the Register of Inhibitions.
(2)It is not competent to register a notice of land attachment unless the sum which the debtor has been charged to pay exceeds the sum mentioned in subsection (3) below.
(3)That sum is—
(a)£3,000; or
(b)such other sum as may be prescribed by the Scottish Ministers by regulations.
(4)It is competent to register a single notice of land attachment in relation to two or more sums which, under separate warrants for diligence in execution, the debtor has been charged to pay.
(5)The [F1officer of court] must, on or as soon as is reasonably practicable after the day or, as the case may be, the last day on which the notice of land attachment is registered, serve a copy of the notice on—
(a)the debtor;
(b)any person who owns the land (whether solely or in common with the debtor); and
(c)any tenant under a long lease of the land.
(6)If, before the expiry of the period of 28 days referred to in section 81(3) of this Act, the creditor does not register a certificate of service on the debtor, the notice of land attachment is, and is deemed always to have been, void.
(7)Subsection (1) above applies to a certificate of service as it applies to a notice of land attachment.
Textual Amendments
F1Words in s. 83(5) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 24(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
Commencement Information
I1S. 83 partly in force; s. 83 not in force at Royal Assent see s. 227; s. 83(1)(a)(3)(b) 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)