Section 179 Schedule of money attachmentI1

Scotland

(1)

The F1officer of court must, immediately after executing a money attachment, complete a schedule such as is mentioned in subsection (2) below (in this Part, the “schedule of money attachment”).

(2)

A schedule of money attachment—

(a)

must be—

(i)

in (or as nearly as may be in) the form prescribed by Act of Sederunt;

(ii)

signed by the officer of court; and

(b)

must specify—

(i)

the money attached; and

(ii)

the value of that money, so far as ascertainable.

(3)

The officer of court must—

(a)

give a copy of the schedule to the debtor; or

(b)

where it is not practicable to do so—

(i)

give a copy of the schedule to a person present at the place where the money attachment was executed; or

(ii)

where there is no such person, leave a copy of the schedule at that place.

(4)

In this Part, any reference to the day on which a money attachment is executed is a reference to the day on which the officer of court complies with subsection (3) above.

Annotations

Textual amendments

F1: Words in s. 179(1)-(4) 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

Commencement

I1: S. 179 wholly in force at 23.11.2009; s. 179 not in force at Royal Assent see s. 227; s. 179(2)(a)(i) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115, art. 3(4), Sch. 3 (with arts. 4-6, 10); s. 179 in force at 23.11.2009 in so far as not already in force by S.S.I. 2009/369, art. 3 (with transitional modifications in art. 4)