Bankruptcy and Diligence etc. (Scotland) Act 2007

123 Recall and restriction of land attachment S

(1) The debtor or any other person having an interest may apply to the sheriff for an order—

(a) recalling a land attachment; or

(b) restricting such an attachment.

(2) An application under subsection (1) above must—

(a) be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and

(b) be intimated to the creditor.

(3) The sheriff must, if satisfied—

(a) that the land attachment—

(i) is invalid;

(ii) has been executed incompetently or irregularly; or

(iii) has ceased to have effect; or

(b) that the creditor is, under section 122(2)(b) of this Act, obliged to discharge it,

make an order declaring that to be the case and recalling the land attachment.

(4) The sheriff may, if satisfied that a land attachment is valid but—

(a) having regard to the sum recoverable by the land attachment, that significantly more land is attached than need be; and

(b) that it is reasonable to do so,

make an order restricting the effect of the land attachment to part only of the land to which it relates.

(5) An order of recall or restriction must be in (or as nearly as may be in) the form prescribed by Act of Sederunt.

(6) It is competent for a person who obtains an order of recall or restriction to register that order in the appropriate property register.

Commencement Information

I1 S. 123 partly in force; s. 123 not in force at Royal Assent see s. 227; s. 123(2)(a)(5) 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)