Part 4Land attachment and residual attachment
Chapter 2Attachment of land
The sale
115Sheriff's consideration of report
1
Where the auditor has submitted a report to the sheriff under section 114(2)(c) of this Act, the sheriff may, after considering that report and the report on sale lodged under section 113(1) of this Act—
a
make an order approving the report of sale subject to such amendments (if any) made—
i
following a hearing under subsection (2) below, by the sheriff; or
ii
by the auditor,
as may be specified in the order;
b
if the sheriff is satisfied that there has been a substantial irregularity in the land attachment, make an order—
i
declaring the land attachment to be void; and
ii
making such consequential order as appears to the sheriff to be necessary in the circumstances.
2
The sheriff may not make an order under subsection (1) above without first giving all interested persons an opportunity to be heard.
3
The sheriff clerk must intimate the order of the sheriff under subsection (1) above to the debtor and any other person appearing to the sheriff clerk to have an interest.
4
Any order under subsection (1)(b) above does not affect the title of any person to land sold in execution of the warrant for sale to which the report relates.