Section 13 Saving of creditor’s rights and remedies.

Scotland

(1)

No right or remedy of a creditor to enforce his debt shall be affected by—

(a)

a time to pay direction;

(b)

a time to pay order; or

(c)

an interim order under section 6(3) of this Act,

except as expressly provided in this Part of this Act.

(2)

The recall—

(a)

on the making of a time to pay direction or an order under section 3(1) of this Act, of an arrestment; or

(b)

on the making of a time to pay order or an order under section 10(1) of this Act, of an arrestment or F1an attachment ,

shall not prevent the creditor therein from being ranked by virtue of that arrestment or F2attachment pari passu under paragraph F31 of schedule 7 of the Bankruptcy (Scotland) Act 2016 on the proceeds of any other arrestment or attachment .

Annotations

Textual amendments

F1: Words in s. 13(2)(b) substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 17(6)(a) (with s. 63)
F2: Word in s. 13(2) substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 17(6)(b) (with s. 63)
F3: Words in s. 13(2) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 11(3) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2