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The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Commencement No. 4, Savings and Transitionals) Order 2009

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Inhibition and arrestment – execution before 22nd April 2009

6.  Nothing in any provision brought into force by this Order has effect as regards an inhibition or arrestment executed before 22nd April 2009, unless–

(a)the inhibition was on the dependence of an action and it converts to an inhibition in execution on or after 22nd April 2009; or

(b)the arrestment was on the dependence of an action and the creditor obtains a final decree in that action (within the meaning of Part 3A of the 1987 Act(1)) on or after 22nd April 2009.

(1)

See section 73C(1) of the Debtors (Scotland) Act 1987 (c. 18) for the meaning of “final decree”. Part 3A was inserted by section 206 of the Act.

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