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137 Intimation of court’s decision

(1) Where a satisfaction order is made, the creditor must, as soon as is reasonably practicable, send a copy of the order to—

(a) the debtor;

(b) where the satisfaction order authorises the sale of the attached property, the appointed person; and

(c) any other person the court specifies in the order.

(2) Where the court refuses to make a satisfaction order, the court must, as soon as is reasonably practicable, send a copy of the order to the debtor and to any other person appearing to the court to have an interest.

138 Effect of certain refusals of application for satisfaction order

Where, under section 136(6) of this Act, an order is made refusing an application for a satisfaction order by virtue of the ground mentioned in paragraph (c) of subsection (7) of that section—

(a) the residual attachment does not, by reason only of that refusal, cease to have effect; and

(b) it is competent for the creditor to make a further application under section 135(1) of this Act.

Termination, discharge etc. of residual attachment

139 Termination by payment etc.

(1) Subject to subsection (2) below, if the full sum recoverable by the residual attachment is either paid or tendered to—

(a) the creditor;

(b) where one has been appointed, the appointed person; or

(c) a judicial officer or any other person who has authority to receive payment on behalf of the creditor,

the residual attachment ceases to have effect.

(2) Subsection (1) above does not apply unless the sum is paid or tendered before—

(a) where a satisfaction order authorising sale of the attached property is made, a contract of sale of the attached property is concluded; or

(b) in any other case, the attached property is otherwise disposed of.

140 Recall

(1) The debtor or any other person having an interest may apply to the court for an order—

(a) recalling a residual attachment; or

(b) restricting such an attachment.

(2) An application under subsection (1) above must—

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

(b) be intimated to the creditor.

(3) The court must, if satisfied that the residual attachment—

(a) is invalid;

(b) has been executed incompetently or irregularly; or

(c) has ceased to have effect,

make an order declaring that to be the case and recalling the residual attachment.

(4) The court may, if satisfied that the residual attachment is valid but—

(a) having regard to the sum recoverable by the residual attachment, that significantly more property is attached than need be; and

(b) that is it reasonable to do so,

make an order restricting the effect of a residual attachment to part only of the property to which it relates.

(5) An order of recall or restriction must be in (or as nearly as may be in) the form prescribed by Act of Sederunt.

141 Duration of residual attachment

(1) Subject to sections 139 and 140 of this Act and to subsection (2) below, a residual attachment ceases to have effect on the expiry of the period of 5 years beginning with the day on which the schedule of residual attachment is served on the debtor.

(2) The court may, on the application of the creditor during the period of 2 months ending with the day on which the period mentioned in subsection (1) above ends, extend the period during which a residual attachment has effect.

(3) The court may extend the period for which a residual attachment has effect on more than one occasion and subsections (1) and (2) above apply as if for the reference in subsection (1) above to the day on which the schedule of residual attachment is served on the debtor there were substituted a reference to the day on which the court last extended that period.

142 Effect of death of debtor

(1) Where, in relation to a debt—

(a) the creditor has taken any steps towards obtaining a residual attachment order against the debtor; but

(b) has not, before the date of death of the debtor, served a schedule of residual attachment on the debtor,

any such steps cease to have effect; and accordingly any residual attachment order relating to that debt becomes, on that date, void.

(2) Where a residual attachment is created before the death of the debtor, it continues to have effect in relation to the attached property after that death.

(3) The Court of Session may, by Act of Sederunt, provide for the operation of this Chapter in a case to which this section applies and may, in particular—

(a) modify the provisions about intimation of applications for satisfaction orders; and

(b) confer power on the sheriff to dispense with or modify procedures under this Chapter.

General and miscellaneous

143 Expenses of residual attachment

(1) The expenses incurred by the creditor in executing a residual attachment are chargeable against the debtor.

(2) Expenses which, in accordance with subsection (1) above, are chargeable against the debtor are recoverable from the debtor by the residual attachment but not by any other legal process.

(3) Where any expenses such as are referred to in subsection (2) above have not been recovered by the time the residual attachment is completed, or otherwise ceases to have effect, they cease to be so recoverable.

(4) In subsection (2) above, the reference to expenses does not include a reference to expenses of service of a charge.

(5) The court may, if satisfied that the debtor has objected to an application for a satisfaction order on frivolous grounds, award expenses, not exceeding such amount as may be prescribed by the Scottish Ministers by regulations, against the debtor.

144 Ascription

(1) This section applies where any sums are—

(a) recovered by a residual attachment; or

(b) paid to account of the sum recoverable by the residual attachment while it is in effect.

(2) Such sums must be ascribed to the following in the order in which they are mentioned—

(a) the expenses which are chargeable against the debtor incurred in the residual attachment;

(b) any interest which has accrued, at the date of the making of the residual attachment order, on the sum for payment for which the charge was served;

(c) any sum for payment of which that charge was served together with such interest as has accrued after the day mentioned in paragraph (b) above.

145 Interpretation

(1) In this Chapter—

• “appointed person” has the meaning given by section 136(5)(a)(i) of this Act;

• “attached property” has the meaning given by section 134(1) of this Act;

• “court” means—

  (a)

  the Court of Session; or

  (b)

  the sheriff,

  and references to applying to the court are references to applying by petition or, as the case may be, by summary application;

• “croft” has the meaning given by section 3 of the Crofters (Scotland) Act 1993 (c. 44);

• “decree” has the meaning given in section 221 of this Act (except that paragraphs (c), (g) and (h) of the definition of “decree” in that section do not apply) being a decree which, or an extract of which, authorises residual attachment;

• “document of debt” has the meaning given in section 221 of this Act, being a document which, or an extract of which, authorises residual attachment;

• “dwellinghouse” includes any yard, garden, outbuilding or other pertinents;

• “judicial officer” means the judicial officer appointed by the creditor;

• “residual attachment order” means an order under section 132(2) of this Act;

• “satisfaction order” means an order under section 136(2) of this Act; and

• “sum recoverable by the residual attachment” has the meaning given by section 134(2)(b) of this Act.

(2) The Scottish Ministers may by order modify the definitions of “decree” and “document of debt” in subsection (1) above by—

(a) adding types of decree or document to;

(b) removing types of decree or document from; or

(c) varying the description of,

the types of decree or document to which those definitions apply.