Section 9G Execution of interim attachment before serviceF1

(1)

This section applies where an interim attachment is executed before the service of the summons on the debtor.

(2)

Subject to subsection (3) below, if the summons is not served on the debtor before the end of the period of 21 days beginning with the day on which the interim attachment is executed, the attachment shall cease to have effect.

(3)

The court may, on the application of the creditor, make an order extending the period referred to in subsection (2) above.

(4)

In determining whether to make such an order the court shall have regard to—

(a)

the efforts of the creditor to serve the summons within the period of 21 days; and

(b)

any special circumstances preventing or obstructing service within that period.

Annotations

Textual amendments

F1: Pt. 1A inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 173, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(c) (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)