Bankruptcy and Diligence etc. (Scotland) Act 2007

135 Application for satisfaction order S

(1) The creditor may, where a residual attachment is in effect, apply to the court for a satisfaction order authorising the satisfaction of the sum recoverable by the residual attachment out of the attached property.

(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;

(b) specify the attached property (or part of it) in relation to which the application is made;

(c) state—

(i) how, were a satisfaction order made, the value of that property would be realised; and

(ii) that doing so would result in the sum recoverable by the residual attachment being paid off or reduced; and

(d) be accompanied by—

(i) a copy of the schedule of residual attachment; and

(ii) any other document prescribed by Act of Sederunt.

(3) An application under subsection (1) above must be intimated to—

(a) the debtor;

(b) any person to whom the residual attachment order was intimated; and

(c) any other person having an interest.

(4) A person who receives intimation under subsection (3) above may, before the expiry of the period of 14 days beginning with the day on which intimation is made, lodge objections to the application.

(5) Where provision is made by virtue of this Chapter or by any other enactment permitting the application under subsection (1) above to be an electronic communication, the requirement in paragraph (d) of subsection (2) above that the application be accompanied by the documents mentioned in that paragraph is satisfied by the provision of electronic communications.

Commencement Information

I1 S. 135 partly in force; s. 135 not in force at Royal Assent see s. 227; s. 135(2)(a)(d)(ii) 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)