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Debtors (Scotland) Act 1987

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Changes to legislation:

Debtors (Scotland) Act 1987, Section 2 is up to date with all changes known to be in force on or before 08 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

2 Effect of time to pay direction on diligence.S

(1)While a time to pay direction is in effect, it shall not be competent—

(a)to serve a charge for payment; or

(b)to commence or execute any of the following diligences—

(i)an arrestment and action of furthcoming or sale;

[F1(ii)an attachment;]

(iii)an earnings arrestment;

(iv)an adjudication for debt,

[F2(v)a money attachment;

(vi)a land attachment;

(vii)a residual attachment,]

to enforce payment of the debt concerned.

(2)While a time to pay direction is in effect an arrestment used on the dependence of the action or in security of the debt concerned shall remain in effect—

(a)if it has not been recalled; and

(b)to the extent that it has not been restricted under subsection (3) below,

but, while the direction is in effect, it shall not be competent to commence an action of furthcoming or sale following on such an arrestment.

[F3(2A)Where the arrestment which remains in effect as mentioned in subsection (2) above is an arrestment such as is mentioned in subsection (1) of section 73J of this Act, while the time to pay direction is in effect—

(a)it shall not be competent to release funds under subsection (2) of that section; and

(b)the period during which the direction is in effect shall be disregarded for the purposes of determining whether the period mentioned in subsection (3) of that section has expired.

(2B)While a time to pay direction is in effect an interim attachment shall remain in effect—

(a)if it has not been recalled; or

(b)to the extent that it has not been restricted under subsection (3) below.]

(3)The court [F4or the First-tier Tribunal] may, on making a time to pay direction, recall or restrict [F5an interim attachment or] an arrestment of the kind described in subsection (2) above.

(4)If [F6an interim attachment or] an arrestment of the kind described in subsection (2) above is in effect, the court [F7or the First-tier Tribunal] may order that the making of a time to pay direction and the recall or restriction of the [F8interim attachment or] arrestment shall be subject to the fulfilment by the debtor of such conditions within such period as the court [F7or the First-tier Tribunal] thinks fit; and, where the court [F7or the First-tier Tribunal] so orders, it shall postpone granting decree until such fulfilment or the end of that period, whichever is the earlier.

(5)Where a time to pay direction is recalled or ceases to have effect, otherwise than—

(a)under section 12(2)(a) of this Act; or

(b)by reason of the debt concerned being paid or otherwise extinguished,

the debt in so far as it remains outstanding and interest thereon, whether or not awarded as a specific sum in the decree, shall, subject to any enactment or rule of law to the contrary, become enforceable by any diligence mentioned in subsection (1)(b) above.

[F9(5A)Where—

(a)a time to pay direction is recalled or ceases to have effect as mentioned in subsection (5) above; and

(b)an arrestment such as is mentioned in section 73J(1) of this Act is in effect,

the clerk of court[F10, sheriff clerk or, in relation to time to pay directions made by the First-tier Tribunal, a member of administration staff of the First-tier Tribunal] shall intimate the fact of that recall or cessation to the arrestee.]

Textual Amendments

F2S. 2(1)(b)(v)-(vii) inserted (23.11.2009 for specified purposes) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 16(2)(a) (with s. 223); S.S.I. 2009/369, art. 3(2)(3), sch. (with art. 4) (which transitional provisions in art. 4 are revoked (31.1.2011) by S.S.I. 2011/31, art. 5(c))

F3S. 2(2A)(2B) inserted (1.4.2008 for specified purposes, 22.4.2009 in so far as not already in force) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 16(2)(c) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), sch. 1 (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3); S.S.I. 2009/67, art. 3(2)(3), sch. 1 (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))

F5Words in s. 2(3) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 16(2)(d) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), sch. 1 (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)

F6Words in s. 2(4) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 16(2)(e)(i) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), sch. 1 (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)

F8Words in s. 2(4) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 16(2)(e)(ii) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), sch. 1 (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)

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