Written evidence on Stage One of the Bankruptcy and Diligence Bill

Shelter urges the Committee to recommend that the Bill be amended to:

• exclude the debtor's main dwelling from the scope of the proposals on land attachment.

• increase to £10,000 the prescribed level at which a warrant for sale may be applied for.

• include a provision to the effect that a warrant for sale may only be granted where the court considers it to be reasonable in all the circumstances of the case to do so.

• include a procedure, analogous to reponing in ordinary cause actions, in terms of which a defender who has not entered appearance in the warrant for sale proceedings may apply, up to the date of eviction, to have the warrant for sale
granted.