Civil Partnership Act 2004 (c. 33)

Valid from 14/09/2005

Part 3 S Civil partnership: Scotland

Chapter 6 S Miscellaneous and interpretation

Miscellaneous S

Valid from 05/12/2005

127 Attachment S

Where an attachment has been executed of furniture and plenishings of which the debtor’s civil partner has the possession or use by virtue of an order under section 103(3) or (4), the sheriff, on the application of that civil partner made within 40 days after the execution of the attachment, may—

(a) declare the attachment null, or

(b) make such order as he thinks appropriate to protect such possession or use by that civil partner,

if satisfied that the purpose of the attachment was wholly or mainly to prevent such possession or use.