Section 177 Removal of money attached
Scotland
The F1officer of court must attach and remove, from the place in which it is found, such money, the value of which in the opinion of the officer does not exceed a sum equal to the sum mentioned in subsection (2) below (in this Part, the “sum recoverable by the money attachment”).
That sum is—
the sum for the payment of which the charge was served, together with any interest accruing after such service and before the money attachment ceases to have effect; and
all expenses which are chargeable against the debtor by virtue of the money attachment.
Where cash in a currency other than sterling is attached, the F2officer of court must, as soon as reasonably practicable after attaching it, convert that cash into sterling.
The officer of court must take all reasonable steps to obtain the highest amount for such cash as is practicable.
The officer of court must deposit any cash attached and any proceeds of converting cash in a currency other than sterling in a bank account.
The officer of court—
need not attach any banking instruments other than cheques unless instructed to do so by the creditor; and
is not liable to the creditor for any loss caused by the failure to attach any such instruments unless so instructed.
The officer of court must, subject to section 180(1) of this Act, value any instruments attached at the price which they are likely to fetch on the open market.
Where any instruments are attached, the officer of court must ensure that they are kept in a secure place.
In this Part, any reference to money being attached includes a reference to it being removed under subsection (1) above.
Annotations
Textual amendments
- F1
Words in s. 177(1) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 24(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
- F2
Words in s. 177(3)-(8) substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 24(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1