Bankruptcy and Diligence etc. (Scotland) Act 2007

176 When money attachment not competent S

(1) It is not competent to execute a money attachment on—

(a) a Sunday;

(b) a day which is a public holiday in the area in which the attachment is to be executed; or

(c) such other day as may be prescribed by Act of Sederunt.

(2) The execution of a money attachment must not—

(a) begin before 8 a.m. or after 8 p.m.; or

(b) be continued after 8 p.m.,

unless the [F1 officer of court] has obtained prior authority from the sheriff for such commencement or continuation.

(3) Subject to section 183(12)(b), 186(3)(b) or 191(4) of this Act, where money is attached (or is purported to be attached) at any place, it is not competent to attach other money kept at that place to enforce the same debt unless that other money is brought to that place after execution of the first money attachment.

(4) Money which has been attached by a money attachment may not, if that money attachment ceases to have effect in relation to that money, be attached again for the same debt.

Textual Amendments

F1 Words in s. 176(2) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 24(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1

Commencement Information

I1 S. 176 wholly in force at 23.11.2009; s. 176 not in force at Royal Assent see s. 227; s. 176(1)(c) 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); s. 176 in force at 23.11.2009 in so far as not already in force by S.S.I. 2009/369, art. 3 (with transitional modifications in art. 4)