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Debtors (Scotland) Act 1987

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Changes over time for: Section 70B

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Point in time view as at 31/12/2020.

Changes to legislation:

Debtors (Scotland) Act 1987, Section 70B is up to date with all changes known to be in force on or before 28 November 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

[F170BFailure to give notice under section 70A(5)S

(1)Where an employer fails without reasonable excuse to give notice under section 70A(5) of this Act, the sheriff may, on the application of any creditor, make an order requiring the employer—

(a)to provide such information as is known to the employer as to the debtor's employment after ceasing to be employed by that employer;

(b)to pay to the creditor an amount not exceeding twice the sum which the employer would have been required to deduct on the debtor's next pay-day had the debtor still been employed by that employer.

(2)Where a sum is paid by virtue of an order under subsection (1)(b) above—

(a)the debt owed by the debtor to the creditor shall be reduced by that sum; and

(b)the employer shall not be entitled to recover that sum from the debtor.

(3)An employer aggrieved by an order under subsection (1) above may, before the expiry of the period of 14 days beginning with the day on which the order is made, appeal, on point of law only, to the sheriff principal, whose decision shall be final.]

Textual Amendments

F1Ss. 70A-70D inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 203, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(d) (with arts. 4-6, 10, 12, 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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