Part 4, Chapter 3 of The Bankruptcy and Diligence etc. (Scotland) Act 2007 (the 2007 Act) introduces the new diligence of residual attachment which is intended, together with land attachment, to replace the existing diligence of adjudication for debt. Residual attachment has not yet been commenced.

Residual attachment is intended to provide a mechanism for creditors who wish to enforce debt due to them by attaching property belonging to the debtor. This diligence applies to property which is transferable, but not capable of attachment by any other type of diligence. It applies to both heritable and moveable property.

The provisions of the 2007 Act allow the description or class of property attachable by residual attachment to be prescribed by regulations. Attachable property may, for example, include assets such as fishing rights or copyright.

Residual attachment will only be available once the creditor has been granted a residual attachment order by the court. In applying for a residual attachment order, the creditor will be required to show that the debtor has been issued with a Charge for Payment in respect of the debt and that, where the debtor is an individual, the debtor has been provided with a Debt Advice and Information Package no earlier than 12 weeks before the application for the order.