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This is the original version (as it was originally enacted).
(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.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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