Bankruptcy and Diligence etc. (Scotland) Act 2007

83 Notice of land attachment S

(1) A notice of land attachment must—

(a) be in (or as nearly as may be in) the form prescribed by Act of Sederunt;

(b) describe the land to be attached; and

(c) be registered in both—

(i) the property register in which title to the land is registered (in this Chapter, the “appropriate property register”); and

(ii) the Register of Inhibitions.

(2) It is not competent to register a notice of land attachment unless the sum which the debtor has been charged to pay exceeds the sum mentioned in subsection (3) below.

(3) That sum is—

(a) £3,000; or

(b) such other sum as may be prescribed by the Scottish Ministers by regulations.

(4) It is competent to register a single notice of land attachment in relation to two or more sums which, under separate warrants for diligence in execution, the debtor has been charged to pay.

(5) The [F1 officer of court] must, on or as soon as is reasonably practicable after the day or, as the case may be, the last day on which the notice of land attachment is registered, serve a copy of the notice on—

(a) the debtor;

(b) any person who owns the land (whether solely or in common with the debtor); and

(c) any tenant under a long lease of the land.

(6) If, before the expiry of the period of 28 days referred to in section 81(3) of this Act, the creditor does not register a certificate of service on the debtor, the notice of land attachment is, and is deemed always to have been, void.

(7) Subsection (1) above applies to a certificate of service as it applies to a notice of land attachment.

Textual Amendments

F1 Words in s. 83(5) 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. 83 partly in force; s. 83 not in force at Royal Assent see s. 227; s. 83(1)(a)(3)(b) 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)