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Bankruptcy and Diligence etc. (Scotland) Act 2007

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Changes over time for: Section 152

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Bankruptcy and Diligence etc. (Scotland) Act 2007, Section 152 is up to date with all changes known to be in force on or before 26 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. Help about Changes to Legislation

152Effect of conversion of limited inhibition on the dependence to inhibition in executionS

This section has no associated Explanatory Notes

[F1(1)F1][F2Subject to subsection (2) below,]F2 where—

(a)a creditor obtains a decree for payment of all or part of a principal sum concluded or craved for in proceedings on the dependence of which warrant for inhibition was granted; and

(b)the warrant was limited to specified property by virtue of section 15J(b) of the 1987 Act (property affected by inhibition on dependence),

[F3any inhibition on the dependence which, on decree, becomes an inhibition in execution of that decree, is no longer limited to that property]

[F4F3(2)Subsection (1) above has effect from the beginning of the day on which–

(a)an extract of the decree (or a copy of the interlocutor certified by the clerk of court); and

(b)a notice in (or as nearly as may be in) the form set out in the Schedule to the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009,

are registered in the Register of Inhibitions.F4]

Textual Amendments

F1S. 152 renumbered as s. 152(1) (22.4.2009) by The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order (S.S.I. 2009/219), {art. 2(a)}

F2Words in s. 152(1) inserted (22.4.2009) by The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order (S.S.I. 2009/219), {art. 2(b)}

F3Words in s. 152(1) substituted (22.4.2009) by The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order (S.S.I. 2009/219), {art. 2(b)}

F4S. 152(2) inserted (22.4.2009) by The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order (S.S.I. 2009/219), {art. 2(c)} (with transitional modifications in art. 4)

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