Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 1998

Rule 16.15(1)(b) and (e)(i)

FORM 16.15-B Form of schedule of arrestment on the dependence

SCHEDULE OF ARRESTMENT ON THE DEPENDENCE

Date: (date of execution)

Time: (time arrestment executed)

To: (name and address of arrestee)

IN HER MAJESTY'S NAME AND AUTHORITY, I, (name), Messenger-at-Arms, by virtue of

* a summons containing a warrant for arrestment on the dependence of the action at the instance of (name and address of pursuer) against (name and address of defender) signeted on (date),

* a counterclaim containing a warrant which has been granted for arrestment on the dependence of the claim by (name and address of creditor) against (name and address of debtor) and dated (date of warrant),

* an order of [Lord (name) in] the Court of Session dated (date of order) granting warrant [for arrestment on the dependence of the action raised at the instance of (name and address of pursuer) against (name and address of defender)] [or for arrestment on the dependence of the claim in the counterclaim [or third party notice] by (name and address of creditor) against (name and address of debtor)] [or to arrest in the petition of (name and address of petitioner) against (name and address of respondent), arrest in your hands (i) the sum of (amount), more or less, due by you to (defender’s name) [or name and address of common debtor if common debtor is not the defender] or to any other person on his [or her] [or its] [or their] behalf; and (ii) all moveable things in your hands belonging or pertaining to the said (name of common debtor), to remain in your hands under arrestment until they are made furthcoming to (name or pursuer) [or name and address of creditor if he is not the pursuer] or until further order of the court.

This I do in the presence of (name, occupation and address of witness).

• (Signed)

• Messenger-at-Arms

• (Address)

NOTE

This schedule arrests in your hands (i) debts due by you to (name of common debtor); and (ii) goods and other moveables held by you for him. You should not pay any debts to him or hand over any goods or other moveables to him without taking legal advice.

IF YOU ARE UNCERTAIN ABOUT THE EFFECT OF THIS DOCUMENT, you should consult a solicitor, Citizens Advice Bureau or other local advice agency or adviser immediately.

* Delete where not applicable.