- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/10/2017)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 31/10/2017.
Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 184 is up to date with all changes known to be in force on or before 15 August 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)A payment order authorises the [F1officer of court]—
(a)to realise the value of money attached; and
(b)subject to section 37 of the 1985 Act (effect of sequestration on diligence), to dispose of the proceeds of the money attachment by—
(i)retaining such amount as necessary to meet the fees and outlays of the officer;
(ii)paying to the creditor the remainder of those proceeds so far as necessary to meet the sum recoverable by the money attachment; and
(iii)paying to the debtor any surplus remaining.
(2)For the purposes of subsection (1) above, the payment order authorises the [F2officer of court]—
(a)to act as the irrevocable agent of the debtor in relation to any banking instrument attached; and
(b)to take any of the steps mentioned in subsection (3) below.
(3)Those steps are—
(a)presenting the instrument for payment;
(b)if instructed by the creditor to do so, raising any action for payment that would have been open to the debtor to raise against any person liable to honour the instrument;
(c)except where the instrument is not negotiable, negotiating the instrument—
(i)for value; or
(ii)to the creditor for value credited against the sum recoverable by the money attachment;
(d)any other steps the debtor could have taken in relation to the instrument before the money attachment was executed.
(4)The [F3officer of court] must, in taking any of the steps referred to in subsection (3) above, obtain the highest amount for the instrument as is reasonably practicable.
(5)In subsection (1)(b) above, “proceeds of the money attachment” includes any amount—
(a)deposited in a bank account by virtue of section 181(6) or 185(4)(b)(iii) of this Act;
(b)obtained as a result of taking any of the steps mentioned in subsection (3) above; and
(c)received by the [F4officer of court] by virtue of section 191(2)(c) of this Act.
Textual Amendments
F1Words in s. 184(1) 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
F2Words in s. 184(2) 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
F3Words in s. 184(4) 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
F4Words in s. 184(5)(c) 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
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