This version of this provision is prospective.
There are currently no known outstanding effects for the Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 139.
Prospective
(1)Subject to subsection (2) below, if the full sum recoverable by the residual attachment is either paid or tendered to—
(a)the creditor;
(b)where one has been appointed, the appointed person; or
(c)[F1an officer of court] or any other person who has authority to receive payment on behalf of the creditor,
the residual attachment ceases to have effect.
(2)Subsection (1) above does not apply unless the sum is paid or tendered before—
(a)where a satisfaction order authorising sale of the attached property is made, a contract of sale of the attached property is concluded; or
(b)in any other case, the attached property is otherwise disposed of.
Textual Amendments
F1Words in s. 139(1)(c) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 25(a); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
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