http://www.legislation.gov.uk/id/ssi/2002/560/schedule/1

http://www.legislation.gov.uk/ssi/2002/560/schedule/1/paragraph/23/made

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Tax

King's Printer for Scotland

2017-01-11

COURT OF SESSION

SHERIFF COURT

This Act of Sederunt makes rules of procedure in the sheriff court for applications relating to attachments and auctions.

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

rule 1(2)

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(2)

para. 1(2)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

rule 6AA

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(3)

para. 1(2)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 1

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(4)

Sch. 1

para. 1(2)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(a)

para. 1(2)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(b)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(c)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(d)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(e)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(f)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(g)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(h)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(i)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Appendix 2

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016

para. 5(5)(j)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

art. 3(2)

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 3) (Miscellaneous) 2015

para. 8(2)

para. 1(2)

(3)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Sch. 2

Form C

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 3) (Miscellaneous) 2015

para. 8(3)(b)

Sch. 2

para. 1(2)

(3)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Sch. 1

rule 36A

Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015

para. 13(2)

para. 20

para. 1(2)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Sch. 1

Appendix 2

Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015

para. 13(3)

para. 20

para. 1(2)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

transtl provns and

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment 2009

para 3

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

schedule 2

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment 2009

para 2

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

sch. 1

rule 8(3)

Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009

para. 7(2)

para. 1(1)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

sch. 1

rule 22

Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009

para. 7(3)

para. 1(1)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Sch 1 Appx 1Forms 29–34

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment (The Debt Arrangement Scheme (Scotland) Regulations 2004) 2004

reg 2(1)(3) Schedule

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Sch 1 rules 37–41 (Ch 4)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment (The Debt Arrangement Scheme (Scotland) Regulations 2004) 2004

reg 2(1)

(2)

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

rule 6A

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007

para 2

Act of Sederunt (Debt Arrangement and Attachment (Scotland) Act 2002) 2002

Sch. 1

Appendix 1

Form 17

Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2011

para. 18(2)

para. 20

para. 1(1)

SCHEDULE 1RULES FOR APPLICATIONS IN THE SHERIFF COURT UNDER THE DEBT ARRANGEMENT AND ATTACHMENT (SCOTLAND) ACT 2002

CHAPTER 2ATTACHMENT: GENERAL PROVISIONS

Applications in relation to articles belonging to a third party or in common ownership23

1

An application by a third party–

a

under section 34(1)(b)(ii) for an order that the sheriff is satisfied that the third party owns an attached article shall be in form 18;

b

under section 35(2)(b)(ii) for an order that the sheriff is satisfied that the third party owns an attached article in common with the debtor shall be in form 19; or

c

under section 35(3) for the attachment of an article owned in common to cease to have effect because the sale of the article would be unduly harsh shall be in form 20.

2

On the lodging of an application under paragraph (1) the sheriff clerk shall–

a

fix a date for a hearing;

b

grant a warrant for intimation;

c

intimate the application and warrant to the applicant, the creditor, the debtor, the officer of court who executed the attachment, and any person having possession of the article; and

d

complete a certificate of intimation.

3

The officer of court who executed the attachment shall lodge with the sheriff clerk a copy of the attachment schedule before the date fixed for the hearing.