Part 4Land attachment and residual attachment

Chapter 2Attachment of land

Preparations for sale of attached land

104Supplementary orders as respects sale

1

The sheriff may, either when making an order granting a warrant for sale or subsequently, make such order as appears to the sheriff to be appropriate in connection with the sale of the attached land.

2

In particular, the sheriff may, on the application of the appointed person—

a

extend the period specified in the warrant granted under section 97(2) of this Act within which the land is to be sold;

b

remove that appointed person and appoint another solicitor as the appointed person; and

c

on the application of the creditor, the debtor or any other person appearing to the sheriff to have an interest—

i

in a case where the appointed person has died, appoint another solicitor as the appointed person;

ii

in a case where the appointed person is unable to carry out the appointed person's functions due to ill health or incapacity, remove that person and appoint another solicitor as appointed person;

iii

in any other case, on cause shown, so remove and appoint.

3

An order made under this section after the grant of a warrant for sale must be intimated by the creditor—

a

in such form and manner;

b

before the expiry of such period; and

c

to the debtor and such other persons,

as the sheriff may direct.