Sheriff Courts (Scotland) Act 1907

CHAPTER 6 S [F1 INTERIM DILIGENCE]

Textual Amendments

F1 Chapter 6 renamed "INTERIM DILIGENCE" (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(4)

Interpretation S

[F2 6.A1. In this Chapter–

• “the 1987 Act” means the Debtors (Scotland) Act 1987 M1 ; and

• “the 2002 Act” means the Debt Arrangement and Attachment (Scotland) Act 2002 M2 .

Textual Amendments

F2 Sch. 1 rule. 6.A1-6.A7 inserted (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(5)

Marginal Citations

M1 1987 c. 18.

M2 2002 asp 9.

Application for interim diligence S

6.A2. (1) The following shall be made by motion–

(a) an application under section 15D(1) of the 1987 Act for warrant for diligence by arrestment or inhibition on the dependence of an action or warrant for arrestment on the dependence of an admiralty action;

(b) an application under section 9C of the 2002 Act for warrant for interim attachment.

(2) Such an application must be accompanied by a statement in Form G4A.

(3) A certified copy of an interlocutor granting a motion under paragraph (1) shall be sufficient authority for the execution of the diligence concerned.

Textual Amendments

F2 Sch. 1 rule. 6.A1-6.A7 inserted (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(5)

Effect of authority for inhibition on the dependence S

6.A3. (1) Where a person has been granted authority for inhibition on the dependence of an action, a certified copy of the interlocutor granting the motion may be registered with a certificate of execution in the Register of Inhibitions and Adjudications.

[F3 (2) A notice of a certified copy of an interlocutor granting authority for inhibition under rule 6.A2 may be registered in the Register of Inhibitions and Adjudications; and such registration is to have the same effect as registration of a notice of inhibition under section 155(2) of the Titles to Land Consolidation (Scotland) Act 1868 F4 .]

Textual Amendments

F2 Sch. 1 rule. 6.A1-6.A7 inserted (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(5)

F3 Sch. 1 rule 6.A3(2) substituted (22.4.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009 (S.S.I. 2009/107), para. 3(2)

F4 1868 c. 101.Section 155(2) was substituted by the Bankruptcy and Diligence etc. (Scotland) Act 2007, section 149.

Recall etc of arrestment or inhibition S

6.A4. [F5 (1)] An application by any person having an interest–

(a) to loose, restrict, vary or recall an arrestment or an interim attachment; or

(b) to recall, in whole or in part, or vary, an inhibition,

shall be made by motion.

[F6 (2) A motion under paragraph (1) shall—

(a) specify the name and address of each of the parties;

(b) where it relates to an inhibition, contain a description of the inhibition including the date of registration in the Register of Inhibitions and Adjudications.]

Textual Amendments

F2 Sch. 1 rule. 6.A1-6.A7 inserted (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(5)

F5 Sch. 1 rule 6.A4 renumbered as Sch. 1 rule 6.A4(1) (8.12.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 2) (Miscellaneous) 2014 (S.S.I. 2014/291), paras. 1(2), 3(2)(a)

F6 Sch. 1 rule 6.A4(2) inserted (8.12.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment No. 2) (Miscellaneous) 2014 (S.S.I. 2014/291), paras. 1(2), 3(2)(b)

Incidental applications in relation to interim diligence, etc S

6.A5. An application under Part 1A of the 1987 Act or Part 1A of the 2002 Act other than mentioned above shall be made by motion.

Textual Amendments

F2 Sch. 1 rule. 6.A1-6.A7 inserted (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(5)

6.A6. S F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1 rule. 6.A1-6.A7 inserted (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(5)

F7 Sch. 1 rule 6.A6 revoked (22.4.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009 (S.S.I. 2009/107), para. 3(3)

Service of inhibition on the dependence where address of defender not known S

6.A7. (1) Where the address of a defender is not known to the pursuer, an inhibition on the dependence shall be deemed to have been served on the defender if the schedule of inhibition is left with or deposited at the office of the sheriff clerk of the sheriff court district where the defender's last known address is located.

(2) Where service of an inhibition on the dependence is executed under paragraph (1), a copy of the schedule of inhibition shall be sent by the sheriff officer by first class post to the defender's last known address.

Textual Amendments

F2 Sch. 1 rule. 6.A1-6.A7 inserted (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(5)

Form of schedule of arrestment on the dependence S

[F8 6.A8. (1) An arrestment on the dependence shall be served by serving the schedule of arrestment on the arrestee in Form G4B.

(2) A certificate of execution shall be lodged with the sheriff clerk in Form G4C.]]

Textual Amendments

F2 Sch. 1 rule. 6.A1-6.A7 inserted (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(5)

F8 Sch. 1 rule 6.A8 inserted (22.4.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009 (S.S.I. 2009/107), para. 3(4)

Service of schedule of arrestment S

6.1. If a schedule of arrestment has not been personally served on an arrestee, the arrestment shall have effect only if a copy of the schedule is also sent by registered post or the first class recorded delivery service to—

(a) the last known place of residence of the arrestee, or

(b) if such place of residence is not known, or if the arrestee is a firm or corporation, to the arrestee’s principal place of business if known, or, if not known, to any known place of business of the arrestee;

and the sheriff officer shall, on the certificate of execution, certifiy that this has been done and specify the address to which the copy of the schedule was sent.

6.2 S F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 1 rule 6.2 revoked (1.4.2008) by Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2008 (S.S.I. 2008/121), para. 5(6)

Movement of arrested property S

F10 6.3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 1 rule 6.3 omitted (1.8.2012) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2012 (S.S.I. 2012/188), paras. 1(1), 10(3)