Debt Arrangement and Attachment (Scotland) Act 2002

Bankruptcy (Scotland) Act 1985 (c. 66)

15 (1) The Bankruptcy (Scotland) Act 1985 is amended in accordance with this paragraph.

(2) In section 7(1)(c) (constitution of apparent insolvency following poinding or seizure in pursuance of summary warrant), for “a poinding” there is substituted “an attachment (or an attempt to attach)”.

(3) In section 33(1) (limitation on types of property which may vest in trustee during sequestration), for paragraph (a) there is substituted—

“(a) any property kept outwith a dwellinghouse in respect of which attachment is, by virtue of section 11(1) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), incompetent;

(aa) any property kept in a dwellinghouse which is not a non-essential asset for the purposes of Part 3 of that Act;”.

(4) In section 37 (effect of sequestration on diligence)—

(a) for “poinding”, in each place where it occurs in subsections (4) and (5), there is substituted “attachment”;

(b) for “poinder”, in both places where it occurs, there is substituted “attacher”; and

(c) for “poinded”, in both places where it occurs, there is substituted “attached”.

(5) In paragraph 24 (effect of apparent insolvency on poindings and arrestments) of Schedule 7—

(a) in sub-paragraph (1), for “poindings” there is substituted “attachments”; and

(b) in sub-paragraph (3)—

(i) for “poinding”, where it first occurs, there is substituted “attachment”;

(ii) for “a poinding”, where it first occurs, there is substituted “an attachment”;

(iii) for “a poinding”, where it second occurs, there is substituted “an attaching”;

(iv) for “a sale” there is substituted “an auction”; and

(v) for “poinded” there is substituted “attached”.