Effects on future diligence
Once granted, the TTPO has the following effects on diligence.1S Cowan, Scottish Debt Recovery: a practical guide (2nd edn), Sweet and Maxwell, 2018, para 4-27 •Charge:
◦a new charge is incompetent;
◦an existing unexpired charge lapses;
◦an existing unexpired charge remains effective to constitute apparent insolvency for the client.
•Arrestment (bank account):
◦a new arrestment and furthcoming is incompetent;
◦an existing arrestment may be restricted or recalled;
◦where an arrestment remains in effect no further steps are taken to enforce it or an action of furthcoming;
◦the arrestment is recalled or restricted.
•Earnings arrestment:
◦a new arrestment will be incompetent;
◦an existing arrestment will be recalled.
•Conjoined arrestment order:
◦a new order will be incompetent because an existing earnings arrestment will be recalled;
◦the debt will be excluded from an existing order.
•Attachment:
◦a new attachment will be incompetent;
◦an existing attachment may be recalled;
◦an interim attachment may be recalled or restricted.
•Inhibition:
◦a new inhibition will be competent;
◦an existing inhibition will be unaffected.