Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008

Interim diligence

8.—(1) The Rules for Applications in the Sheriff Court under the Debt Arrangement and Attachment (Scotland) Act 2002(1) are amended in accordance with subparagraphs and .

(2) After Chapter 1, insert–

“CHAPTER 1A INTERIM ATTACHMENT

Application for extension of hours of attachment

6B.— (1) An application by an officer of court under section 12(2) to extend the hours of an interim attachment shall be made by minute, which shall be lodged in the process of the action in which the warrant for interim attachment was granted.

(2) The minute shall specify–

(a) the extension sought; and

(b) the reason for the extension.

(3) The minute does not need to be intimated to any party and the sheriff may grant or refuse it without a hearing.

Procedure for executing attachment

6C.— (1) When executing an interim attachment the officer of court shall be accompanied by another person who shall witness the whole proceedings.

(2) Before attaching any article the officer of court shall–

(a) show to every person present a certified copy of the interlocutor authorising the interim attachment; and

(b) make enquiries as to the ownership in common of that article (and in particular ownership in common of that article by the debtor and any other person).

(3) The officer of court shall prepare a schedule (the “schedule of interim attachment”) in Form 2a.

(4) The officer of court and the witness shall sign the schedule of interim attachment.

(5) The officer of court shall–

(a) deliver a copy of the signed schedule of interim attachment to any person then in possession of the articles or leave it at the premises occupied by that person; and

(b) if the person in possession of the articles is not the debtor and it is reasonably practicable to do so, serve a copy of the signed schedule of interim attachment by first class post on the debtor.

Application of rules 10, 11 and 12 in relation to interim attachment

6D.— (1) Rules 10, 11 and 12 apply in relation to interim attachment as they apply in relation to attachment.

(2) The application of rule 11 is subject to the following modifications–

(a) for Part C of Form 6 there is substituted–

• “An action has been raised by the Creditor against the Debtor in the Court of Session/Sheriff Court at on . On the court granted warrant for interim attachment.”; and

(b) in Part D of that form, for “attachment” there is substituted “interim attachment”.

Report of attachment

6E.— (1) A report under section 17(1) by an officer of court of the execution of an interim attachment shall be in Form 2b.

(2) The sheriff clerk shall retain the report of the attachment.

(3) An application by an officer of court under section 17(1) to extend the time for lodging the report shall be made by minute stating the reasons for the extension, which shall be lodged in the process of the action in which the warrant for interim attachment was granted.”.

(3) In Appendix 1 to Schedule 1, after Form 2 insert Forms 2a and 2b set out in Schedule 4 to this Act of Sederunt.

(1)

The Rules are contained in Schedule 1 to S.S.I. 2002/560 as amended by S.S.I. 2004/505 and 2007/466.