- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
(1)The debtor may, before—
(a)a payment order is made; or
(b)the money attachment ceases to have effect,
apply to the sheriff for an order such as is mentioned in subsection (2) below.
(2)That order is one—
(a)providing that the money attachment ceases to have effect in relation to—
(i)the money attached; or
(ii)so much of it as the sheriff specifies; and
(b)requiring the judicial officer to return that money or, where the value of the money has been realised, a sum equivalent to that value, to the debtor.
(3)Where the sheriff is satisfied that, in the circumstances, the money attachment is unduly harsh to the debtor, the sheriff must, subject to subsection (4) below, make an order such as is mentioned in subsection (2) above.
(4)Where the value of the money attached exceeds £1,000 or such other amount as the Scottish Ministers may by regulations prescribe, the sheriff—
(a)may not specify money the value of which exceeds that amount; and
(b)may, where the money attached includes or comprises a banking instrument, authorise the judicial officer to—
(i)realise the value of the instrument;
(ii)pay to the debtor from the money and, as the case may be, proceeds of that realisation the sum specified; and
(iii)deposit any surplus remaining in a bank account.
(5)In a case to which subsection (4)(b) above applies, the order under subsection (3) above authorises the judicial officer—
(a)to act as the irrevocable agent of the debtor in relation to the instrument; and
(b)to take any of the steps mentioned in section 184(3) of this Act.
(6)Subsection (4) of section 184 of this Act applies to any steps taken by virtue of subsection (5) above.
(7)Where the amount realised under subsection (4)(b)(i) above is less than the amount specified, the order is to be deemed to have required the judicial officer to pay the amount realised only.
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Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys