(113)  Scottish Law Commission reports on diligence

The Scottish Law Commission published its Report on Diligence (Scot Law Com No 183) on 17 May 2001.  The Report recommends (1) the abolition of adjudication for debt which functions as a diligence against land and as a residual diligence used against moveable property; (2) the introduction of a new diligence called land attachment to replace adjudication as a diligence against land;  (3) the introduction of a new diligence called an attachment order to replace adjudication as a residual diligence against moveable property; (4) if goods are to be attachable for debt (see No 90 below), then money in the possession of debtors on their business premises should also be attachable;  (5) the retention of inhibition subject to reforms to clarify and simplify the law.  The Report can be read at http://www.scotlawcom.gov.uk.  Unusually, the Report does not contain a draft Bill, because the Scottish Executive’s review of all aspects of the diligence system will involve a public consultation including the issues covered in the Report.

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