Textual Amendments
F1Pt. 3A inserted (1.4.2008 for the insertion of ss. 73A(5), 73B(2), 73C(2), 73E(3), 73F(6), 73G(2), 73H(1)(2), 73M(2)(a), 73Q(3)(a), 73S(1)(2) for specified purposes and for the insertion of s. 73A(2), 22.4.2009 otherwise except for the insertion of s. 73D) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 206, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(e)(4), sch. 3 (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)(b) (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))
(1)No funds may be released under section 73J(2) of this Act where—
(a)a person mentioned in subsection (2) below applies, by notice of objection, to the sheriff under section 73M(1) of this Act;
(b)the debtor applies to the sheriff under section 73Q(2) of this Act;
(c)an action of multiplepoinding is raised in relation to the funds attached by the arrestment; or
(d)the arrestment is—
(i)recalled;
(ii)restricted; or
(iii)otherwise ceases to have effect.
(2)The persons referred to in subsection (1)(a) above are—
(a)the debtor;
(b)the arrestee; and
(c)any other person to whom the funds are due solely or in common with the debtor (in this section and in sections 73M and 73N of this Act, the “third party”).]