- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009 No. 129
2. In section 152 (conversion of limited inhibition on the dependence to inhibition in execution) of the Act–
(a)that section becomes subsection (1);
(b)in that subsection–
(i)at the beginning, insert “Subject to subsection (2) below,”; and
(ii)for “any inhibition in execution of the decree is not limited to that property” substitute “any inhibition on the dependence which, on decree, becomes an inhibition in execution of that decree, is no longer limited to that property”; and
(c)after that subsection, insert–
“(2) Subsection (1) above has effect from the beginning of the day on which–
(a)an extract of the decree (or a copy of the interlocutor certified by the clerk of court); and
(b)a notice in (or as nearly as may be in) the form set out in the Schedule to the Bankruptcy and Diligence etc. (Scotland) Act 2007 (Inhibition) Order 2009(1),
are registered in the Register of Inhibitions.”.
S.S.I. 2009/.
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