13 Saving of creditor’s rights and remedies.S
(1)No right or remedy of a creditor to enforce his debt shall be affected by—
(a)a time to pay direction;
(b)a time to pay order; or
(c)an interim order under section 6(3) of this Act,
except as expressly provided in this Part of this Act.
(2)The recall—
(a)on the making of a time to pay direction or an order under section 3(1) of this Act, of an arrestment; or
(b)on the making of a time to pay order or an order under section 10(1) of this Act, of an arrestment or [F1an attachment] ,
shall not prevent the creditor therein from being ranked by virtue of that arrestment or [F2attachment] pari passu under paragraph [F31 of schedule 7 of the Bankruptcy (Scotland) Act 2016] on the proceeds of any other arrestment or [F2attachment] .
Textual Amendments
F1Words in s. 13(2)(b) substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 17(6)(a) (with s. 63)
F2Word in s. 13(2) substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 17(6)(b) (with s. 63)
F3Words in s. 13(2) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 11(3) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2