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Section 23 — Duration of attachment
Debt Arrangement and Attachment (Scotland) Bill: Stage 3
Kenneth Gibson (Scottish National Party)
The amendment came out of evidence that was heard at stage 1. Its intention is to extend the period of attachment to 12 months, thus giving the debtor more time to pay and reducing the number of debtors who would then proceed to exceptional attachment with all the distress that that might entail.
I move amendment 60.
Richard Simpson (Labour)
Amendment 60 would extend the duration of the period after which an attachment may cease to have effect from six to 12 months. Section 23 provides that an attachment will cease to have effect if no further action is taken within six months of the attachment or 28 days of the removal of the attached article from the place at which it was attached, whichever is the earlier.
The amendment is unnecessary because extensions to the period are allowed under section 23(2), under which the sheriff, on application by either the creditor or the officer, may make an extension beyond the usual six-month limit. The sheriff may do so when the delay has been caused through no fault of the creditor or when the debtor is likely to comply with an agreement between the creditor and debtor for repayment of the debt that is due by instalments. Further extensions are provided for anyway by section 28(4)(b) where an auction has been cancelled and a date is specified in an exceptional attachment order.
Accordingly, amendment 60 should be withdrawn or rejected.
Division number 19
For: Adam, Brian, Campbell, Colin, Crawford, Bruce, Ewing, Dr Winnie, Ewing, Fergus, Ewing, Mrs Margaret, Gibson, Mr Kenneth, Grahame, Christine, Hamilton, Mr Duncan, Hyslop, Fiona, Ingram, Mr Adam, Lochhead, Richard, MacAskill, Mr Kenny, MacDonald, Ms Margo, Marwick, Tricia, Matheson, Michael, McGugan, Irene, McLeod, Fiona, Morgan, Alasdair, Neil, Alex, Paterson, Mr Gil, Quinan, Mr Lloyd, Robison, Shona, Russell, Michael, Sturgeon, Nicola, Swinney, Mr John, Ullrich, Kay, Welsh, Mr Andrew, White, Ms Sandra, Wilson, Andrew
Against: Alexander, Ms Wendy, Baillie, Jackie, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Deacon, Susan, Douglas-Hamilton, Lord James, Eadie, Helen, Ferguson, Patricia, Fergusson, Alex, Fitzpatrick, Brian, Fraser, Murdo, Gallie, Phil, Gillon, Karen, Godman, Trish, Goldie, Miss Annabel, Gorrie, Donald, Grant, Rhoda, Gray, Iain, Harding, Mr Keith, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Jenkins, Ian, Johnstone, Alex, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, Maclean, Kate, Macmillan, Maureen, Martin, Paul, McAllion, Mr John, McAveety, Mr Frank, McCabe, Mr Tom, McIntosh, Mrs Lyndsay, McLeish, Henry, McLetchie, David, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Monteith, Mr Brian, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Radcliffe, Nora, Raffan, Mr Keith, Robson, Euan, Rumbles, Mr Mike, Scanlon, Mary, Scott, John, Scott, Tavish, Sheridan, Tommy, Simpson, Dr Richard, Smith, Iain, Smith, Mrs Margaret, Stephen, Nicol, Stone, Mr Jamie, Thomson, Elaine, Tosh, Mr Murray, Watson, Mike, Whitefield, Karen, Wilson, Allan, Young, John
Abstentions: Harper, Robin