Explanatory note

This Act of Sederunt provides rules for applications under Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (attachment of money). The rules are set out in the Schedule.

The rules provide various forms in relation to money attachment, including for the following: an application to the sheriff to extend the hours during which a money attachment can be executed (rule 4); a form of schedule of money attachment (rule 5); an application for an order for realisation of money that is likely to deteriorate in value (rule 6); a form of report of money attachment (rule 7); an application for a payment order (rule 8); an application by the debtor for release of money where the attachment is unduly harsh (rule 9); an application for an order declaring that a money attachment is invalid and ceases to have effect due to a material irregularity in execution (rule 10); a receipt for redemption of a banking instrument (rule 11); a final statement of money attachment (rule 12); and various applications in relation to money owned in common (rule 13).

The rules generally provide for hearings to be fixed to consider such applications.

Rule 14 provides that an application for leave to appeal against any decision of the sheriff is to be made within 7 days of the decision and, where leave is granted, an appeal shall be made within 7 days of the date leave is granted.