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Bankruptcy and Diligence etc. (Scotland) Act 2007
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Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 139 is up to date with all changes known to be in force on or before 28 November 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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- Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
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Prospective
139Termination by payment etc.S
This section has no associated Explanatory Notes
(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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