Debt Arrangement and Attachment (Scotland) Act 2002

41 Ascription of sums recovered by attachment or while attachment is in effectS

(1)This section applies to any amounts recovered by an attachment or paid to account of the amounts recoverable by the attachment while the attachment is in effect.

(2)An amount to which this section applies shall be ascribed to the following in the order in which they are mentioned—

(a)the expenses already incurred in respect of—

(i)the attachment;

[F1(ia)any previous interim attachment the expenses of which are chargeable against and recoverable from the debtor under section 9Q(1)(a) of this Act;]

(ii)any previous diligence the expenses of which are chargeable against and recoverable from the debtor under section 40(4) above or section 93(5) of the Debtors (Scotland) Act 1987 (c.18);

(b)any interest, due under the decree or other document of debt on which the attachment proceeds, which has accrued at the date of execution of the attachment;

(c)any sum (including any expenses) due under the decree or other document of debt, other than any expenses or interest mentioned in paragraphs (a) and (b) above.