F1[F1Part 1ASDiligence on the dependence

Textual Amendments

F1Pt. 1A inserted (1.4.2008 except for the insertion of s. 15H(4), 22.4.2009 in so far as not already in force) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 169, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(b)(i) (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3); S.S.I. 2009/67, art. 3(1)(c) (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))

Availability of diligence on the dependenceS

15ADiligence on the dependence of actionS

(1)Subject to subsection (2) below and to sections 15C to 15F of this Act, the Court of Session or the sheriff may grant warrant for diligence by—

(a)arrestment; or

(b)inhibition,

on the dependence of an action.

(2)Warrant for—

(a)arrestment on the dependence of an action is competent only where the action contains a conclusion for payment of a sum other than by way of expenses; and

(b)inhibition on the dependence is competent only where the action contains—

(i)such a conclusion; or

(ii)a conclusion for specific implement of an obligation to convey heritable property to the creditor or to grant in the creditor's favour a real right in security, or some other right, over such property.

(3)In this Part of this Act, “action” includes, in the sheriff court—

(a)a summary cause;

[F2(b)a simple procedure case (within the meaning of section 72(9) of the Courts Reform (Scotland) Act 2014); and]

(c)a summary application,

and references to “summons”, “conclusion” and to cognate expressions shall be construed accordingly.]

Textual Amendments