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Introductory Text
PART I EXTENSION OF TIME TO PAY DEBTS
Time to pay directions on granting decree
1.Time to pay directions
2.Effect of time to pay direction on diligence
3.Variation and recall of time to pay direction and arrestment
4.Lapse of time to pay direction
Time to pay orders following charge or diligence
5.Time to pay orders
6.Application for time to pay order
7.Disposal of application
8.Effect of interim order on diligence
9.Effect of time to pay order on diligence
10.Variation and recall of time to pay order and arrestment
11.Lapse of time to pay order
Miscellaneous
12.Sequestration and insolvency
13.Saving of creditor's right and remedies
14.Circumstances where direction or order not competent or no longer effective
15.Interpretation of Part I
PART II POINDINGS AND WARRANT SALES
Poinding
16.Articles exempt from poinding
17.Restrictions on times when poinding may be executed
18.Power of entry for execution of poinding
19.Value of articles which may be poinded and presumption as to ownership
20.Poinding procedure
21.Poinding procedure-further provisions
22.Report of execution of poinding
23.Release of poinded article on ground of undue harshness
24.Invalidity, cessation and recall of poinding
25.Second poinding in same premises
26.Sist of proceedings in poinding of mobile homes
27.Duration of poinding
Removal, damage or destruction of poinded articles
28.Removal of poinded articles
29.Unlawful acts relating to poinded articles
Warrant sales
30.Application for warrant of sale
31.Provisions of warrant of sale
32.Location of sale
33.Release or redemption of poinded articles after warrant
34.Intimation and publication of sale
35.Alteration of arrangements for sale
36.Payment agreements after warrant of sale
37.The warrant sale
38.Disposal of proceeds of sale
39.Report of warrant sale
Articles belonging to third parties or in common ownership
40.Release from poinding of articles belonging to third party
41.Poinding and sale of articles in common ownership
Supplementary
42.Certain proceedings under Part II to postpone further steps in the diligence
43.Conjoining of further poinding with original poinding
44.Expenses of poinding and sale
45.Interpretation of Part II
PART III DILIGENCE AGAINST EARNINGS
Introduction
46.New diligences against earnings
Earnings arrestments
47.General effect of earnings arrestment
48.Debt recoverable by earnings arrestment
49.Deductions from net earnings to be made by employer
50.Review of earnings arrestment
Current maintenance arrestments
51.General effect of current maintenance arrestment
52.Enforcement of 2 or more obligations to pay maintenance
53.Deductions from net earnings to be made by employer
54.Current maintenance arrestment to be preceded by default
55.Review and termination of current maintenance arrestment
56.Effect of new maintenance order on current maintenance arrestment
General
57.Failure to comply with arrestment, manner of payment and creditor's duty when arrestment ceases to have effect
58.Simultaneous operation of earnings and current maintenance arrestment
59.Priority among arrestments
Conjoined arrestment orders
60.Conjoined arrestment orders: general provision
61.Amount recoverable under conjoined arrestment order
62.Relationship of conjoined arrestment order with earnings and current maintenance arrestments
63.Sum payable by employer under conjoined arrestment order
64.Disbursement by sheriff clerk of sums received from employer
65.Operation of conjoined arrestment order
66.Recall and variation of conjoined arrestment order
Supplementary provisions
67.Equalisation of diligences not to apply
68.Diversion of arrested earnings to Secretary of State
69.Restriction on liability of employer in operating diligence against earnings
70.Execution and intimation of copies
71.Employer's fee for operating diligence against earnings
72.Effect of sequestration on diligence against earnings
73.Interpretation of Part III
PART IV RECOVERY OF RATES AND TAXES ETC
74.Recovery of rates and taxes etc.
PART V MESSENGERS-AT-ARMS AND SHERIFF OFFICERS
75.Regulation of organisation, training, conduct and procedure
76.Advisory Council
77.Appointment of messenger-at-arms
78.Inspection of work
79.Investigation of alleged misconduct
80.Courts' powers in relation to offences or misconduct
81.Provisions supplementary to section 80
82.Appeals from decisions under sections 79(5) and 80
83.Service of charge and execution of diligence or warrant void where officer of court has interest
84.Collection of statistics from officers of court
85.Measure of damages payable by officer of court for negligence or other fault
86.Official identity card
PART VI WARRANTS FOR DILIGENCE AND CHARGES FOR PAYMENT
87.Effect of warrants for diligence in extract decrees and other documents
88.Warrants for diligence: special cases
89.Abolition of letters of horning, horning and poinding, poinding, and caption
90.Provisions relating to charges for payment
91.Enforcement of certain warrants and precepts of sheriff anywhere in Scotland
PART VII MISCELLANEOUS AND GENERAL
92.General provision relating to liability for expenses in court proceedings
93.Recovery from debtor of expenses of certain diligences
94.Ascription of sums recovered by diligence or while diligence is in effect
95.Certain diligences terminated by payment or tender of full amount owing
96.Provisions to assist debtor in proceedings under Act
97.Lay representation
98.Legal aid
99.Sequestration for rent or feuduty and arrestments other than arrestments of earnings
100.Obligations ad factum praestandum
101.Adjudication for debt
102.Procedure in diligence proceeding on extract of registered document etc.
103.Appeals
104.Regulations
105.Application to Crown
106.Interpretation
107.Financial provisions
108.Minor and consequential amendments, transitional provisions and repeals
109.Short title, commencement and extent
SCHEDULES
SCHEDULE 1
EXPENSES OF POINDING AND SALE
Expenses chargeable against the debtor
1.(1) Subject to paragraphs 2, 3 and 5 to 7...
2.Where a warrant of sale is varied under section 35...
3.Where arrangements for a sale are cancelled under subsection (1)...
4.Where a warrant of sale is varied under section 35...
5.Subject to paragraph 6 below, where any such further poinding...
6.Where any such further poinding as is mentioned in subsection...
7.Where a new date is arranged under section 35(10) of...
Circumstances where liability for expenses is at the discretion of the sheriff
8.The liability for any expenses incurred by the creditor or...
Calculation of amount chargeable against debtor under the foregoing provisions
9.Expenses— (a) chargeable against the debtor by virtue of any...
Circumstances where no expenses are due to or by either party
10.Subject to paragraph 11 below, the debtor shall not be...
11.If— (a) an application mentioned in paragraph 10(a) above is...
Supplementary
12.Any expenses chargeable against the debtor by virtue of any...
SCHEDULE 2
DEDUCTIONS TO BE MADE UNDER EARNINGS ARRESTMENT
SCHEDULE 3
DISBURSEMENTS BY SHERIFF CLERKS UNDER CONJOINED ARRESTMENT ORDER
1.Where all the debts are ordinary debts, in every disbursement...
2.Where all the debts are current maintenance, then, in any...
3.Subject to paragraph 4 below, where the debts comprise both...
4.If the sum available for any disbursement is insufficient to...
5.For the purposes of this Schedule, the amount of an...
SCHEDULE 4
RECOVERY OF RATES AND TAXES ETC
The Local Government (Scotland) Act 1947 (c. 43.)
1.(1) For section 247 there shall be substituted the following...
The Taxes Management Act 1970 (c. 9.)
2.For section 63 there shall be substituted the following sections—...
The Car Tax Act 1983 (c. 53.)
3.In paragraph 3(2) of Schedule 1 (recovery of car tax),...
The Value Added Tax Act 1983 (c. 55.)
4.In paragraph 6(4) of Schedule 7 (recovery of value added...
SCHEDULE 5
POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS
Articles exempt from poinding
1.(1) The following articles belonging to a debtor shall be...
Restrictions on time when poinding may be executed
2.(1) No poinding shall be executed on Sunday, Christmas Day,...
Power of entry for execution of poinding
3.(1) Subject to sub-paragraph (2) below, notwithstanding any warrant authorising...
Value of articles which may be poinded and presumption as to ownership
4.(1) The sheriff officer shall be entitled to poind articles...
Poinding procedure
5.(1) The procedure in a poinding shall be in accordance...
6.(1) The sheriff, on an application by the creditor, the...
Release of poinded article on ground of undue harshness
7.(1) The sheriff may, on an application made within 14...
Invalidity, cessation and recall of poinding
8.(1) If, at any time before the sale of the...
Second poinding in same premises
9.Subject to paragraph 7(2) above and paragraphs 12(2) and (6),...
Sist of proceedings in poinding of mobile homes
10.(1) Where a caravan, houseboat or other moveable structure which...
Duration of poinding
11.(1) Subject to sub-paragraphs (2), (3) and (5) below, a...
Removal, damage or destruction of poinded articles
12.(1) The debtor or the person in possession of poinded...
13.(1) The wilful damage or destruction of poinded articles by—...
Arrangements for sale
14.(1) A sale in pursuance of a summary warrant shall...
Release or redemption of poinded articles
15.(1) Where a sale of poinded articles is to be...
Intimation and publication of sale
16.(1) The sheriff officer who makes arrangements for the sale...
Alteration of arrangements for sale
17.(1) Subject to sub-paragraph (2) below and without prejudice to...
The sale
18.(1) In the sale there shall be no reserve price...
Disposal of proceeds of sale
19.The sheriff officer who arranges the sale shall dispose of...
Report of sale
20.(1) The sheriff officer who arranged the sale shall within...
Articles belonging to third parties or in common ownership
21.(1) A sheriff officer may, at any time after the...
22.(1) Articles which are owned in common by a debtor...
Certain proceedings under this Schedule to postpone further steps in the diligence
23.(1) Where an application under any of the provisions of...
Power to enter premises and open shut and lockfast places
24.A summary warrant shall contain a warrant authorising a sheriff...
Expenses chargeable against the debtor
25.(1) Subject to paragraphs 26 to 29 below, there shall...
26.Where arrangements for a sale are cancelled under sub-paragraph (4)...
27.Subject to paragraph 28 below, where any such further poinding...
28.Where any such further poinding as is mentioned in sub-paragraph...
29.Where a new date is arranged under paragraph 17(2) above...
Circumstances where liability for expenses is at the discretion of the sheriff
30.The liability for any expenses incurred by the creditor or...
Calculation of amount chargeable against debtor under the foregoing provisions
31.Expenses awarded by the sheriff against the debtor in favour...
Circumstances where no expenses are due to or by either party
32.Subject to paragraph 33 below, the debtor shall not be...
33.If— (a) an application mentioned in paragraph 32(a) above is...
Supplementary
34.Any expenses chargeable against the debtor by virtue of any...
35.In this Schedule— "creditor" means— for the purposes of section...
SCHEDULE 6
MINOR AND CONSEQUENTIAL AMENDMENTS
General amendment
1.Any reference in any enactment to an order being enforceable...
Specific amendments
The Bank Notes (Scotland) Act 1765 (c. 49.)
2.In section 4 (summary execution on banker's notes), for the...
The Debtors (Scotland) Act 1838 (c. 114.)
3.At the end of section 22 (arrestment to prescribe in...
The Harbours, Docks, and Piers Clauses Act 1847 (c. 27.)
4.In section 57 (unserviceable vessels to be altogether removed from...
The Lyon King of Arms Act 1867 (c.17)
5.In section 2 (admittance to office of messengers-at-arms), for the...
The Court of Session Act 1868 (c. 100)
6.At the end of section 14 (induciae of summonses and...
The Titles to Land Consolidation (Scotland) Act 1868 (c. 101)
7.In section 138 (import of short clauses of consent to...
The Debtors (Scotland) Act 1880 (c. 34)
8.In section 4 (abolition of imprisonment for debt, with certain...
The Sea Fisheries Act 1883 (c. 22.)
9.In section 20(2) (masters of boats liable to fines imposed),...
The Merchant Shipping Act 1894 (c. 60.)
10.In section 693 (sums ordered to be leviable by poinding...
The Execution of Diligence (Scotland) Act 1926 (c. 16)
11.In section 1 (sheriff officer to have the powers of...
12.In section 2(1 )(b) (execution of arrestment or charge by...
The Sea Fisheries Act 1968 (c. 77.)
13.In section 12(2)(a) (recovery of fines imposed on master, etc....
The Prevention of Oil Pollution Act 1971 (c. 60.)
14.In section 20(1) (enforcement and application of fines), for the...
The Town and Country Planning (Scotland) Act 1972 (c. 52)
15.In section 267(8) (local inquiries), for the words "a recorded...
The Consumer Credit Act 1974 (c. 69)
16.After section 93 there shall be inserted the following section—...
17.In section 129 (time orders)— (a) at the beginning of...
The Criminal Procedure (Scotland) Act 1975 (c. 21)
18.In section 411 (recovery by civil diligence), in subsection (1)...
The Crofting Reform (Scotland) Act 1976 (c. 21)
19.In section 17(1) (extension of powers of Land Court), for...
The Patents Act 1977 (c. 37)
20.In section 93(b) and 107(3) (orders for expenses), for the...
The Customs and Excise Management Act 1979 (c. 2)
21.In section 117 (execution and diligence against revenue traders), for...
The Education (Scotland) Act 1980 (c. 44)
22.In paragraph 8 of Schedule 1 (local inquiries), for the...
The Betting and Gaming Duties Act 1981 (c.63)
23.Section 29 (recovery of duty in Scotland), shall have effect...
The British Fishing Boats Act 1983 (c. 8.)
24.In section 5(2)(a) (recovery of fines), for the word "poinding"...
The Inshore Fishing (Scotland) Act 1984 (c. 26.)
25.In section 8(2)(a) (recovery of fines), for the word "poinding"...
The Rent (Scotland) Act 1984 (c. 58.)
26.For section 110 (restriction on diligence), there shall be substituted...
The Bankruptcy (Scotland) Act 1985 (c. 66)
27.In section 37 (effect of sequestration on diligence), after subsection...
28.In paragraph 24 of Schedule 7 (arrestments and poindings)—
SCHEDULE 7
TRANSITIONAL PROVISIONS
1.Notwithstanding the repeal by this Act of subsection (4) of...
2.The sheriff may refuse to make a time to pay...
3.Without prejudice to paragraphs 4 to 6 of this Schedule,...
4.Nothing in Part II of this Act shall affect a...
5.Nothing in this Act shall affect an arrestment of earnings...
6.Where an arrestment of a debtor's earnings in the hands...
7.(1) Subject to sub-paragraph (2) below, a summary warrant granted...
8.(1) Where before the commencement of paragraphs 21 and 23...
9.(1) The provisions of this Act relating to the liability...
10.Until the commencement of the repeal of the Supplementary Benefits...
SCHEDULE 8
REPEALS