Section 73Q Application for release of property where arrestment unduly harshF1

(1)

This section applies where—

(a)

a creditor—

(i)

obtains final decree in an action on the dependence of which the creditor executed an arrestment; or

(ii)

arrests in execution of a decree or document of debt; and

(b)

the arrestment attaches funds due to or other moveable property of the debtor.

(2)

The debtor may apply to the sheriff for an order—

(a)

providing that the arrestment ceases to have effect in relation to—

(i)

the funds or other property attached; or

(ii)

so much of those funds or that property as the sheriff specifies; and

(b)

requiring the arrestee to release the funds or property to the debtor.

(3)

An application under subsection (2) above shall be—

(a)

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

(b)

made at any time during which the arrestment has effect; and

(c)

intimated to—

(i)

the creditor;

(ii)

the arrestee; and

(iii)

any other person appearing to have an interest.

Annotations

F1: Pt. 3A inserted (1.4.2008 for the insertion of ss. 73A(5), 73B(2), 73C(2), 73E(3), 73F(6), 73G(2), 73H(1)(2), 73M(2)(a), 73Q(3)(a), 73S(1)(2) for specified purposes and for the insertion of s. 73A(2), 22.4.2009 otherwise except for the insertion of s. 73D) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 206, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(e)(4), sch. 3 (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); S.S.I. 2009/67, art. 3(1)(b) (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))