Debt Arrangement and Attachment (Scotland) Act 2002

1. Introductory Text

2. Part 1 The debt arrangement scheme

   1. 1. Debt arrangement scheme

   2. 2. Debt payment programmes

   3. 3. Money advice

   4. 4. Effect of debt payment programmes

   5. 5. Variation of debt payment programmes

   6. 6. Deduction from earnings

   7. 7. Debt payment programmes: power to make further provision

   8. 7A. Debt payment programmes: power to make provision about debt relief

   9. 8. Functions of the Scottish Ministers

   10. 9. Interpretation of Part

3. Part 1A Interim attachment

   1. Interim attachment

      1. 9A. Interim attachment

      2. 9B. Articles exempt from interim attachment

   2. Application for interim attachment

      1. 9C. Application for warrant for interim attachment

      2. 9D. Grant of warrant without a hearing

      3. 9E. Hearing on application

   3. Execution of interim attachment

      1. 9F. Execution of interim attachment

      2. 9G. Execution of interim attachment before service

   4. Interim attachment: further procedure

      1. 9H. Order for security of attached articles

   5. Interim attachment: effects

      1. 9J. Unlawful acts after interim attachment

      2. 9K. Articles belonging to or owned in common by a third party

      3. 9L. Duration of interim attachment

   6. Recall etc. of interim attachment

      1. 9M. Recall or restriction of interim attachment

      2. 9N. Variation of orders and variation or recall of conditions

   7. General and miscellaneous provisions

      1. 9P. Expenses of interim attachment

      2. 9Q. Recovery of expenses of interim attachment

      3. 9R. Ascription of sums recovered while interim attachment is in effect

      4. 9S. Ranking of interim attachment

4. Part 2 Attachment

   1. Attachment

      1. 10. Attachment

      2. 11. Articles exempt from attachment

      3. 12. Times when attachment is not competent

      4. 13. Presumption of ownership

      5. 13A. Schedule of attachment

   2. Attachment of articles kept outwith dwellinghouses etc.

      1. 14. Procedure for attachment of articles kept outwith dwellinghouses etc.

      2. 15. Valuation

      3. 16. Attachment of mobile homes

      4. 17. Report of attachment

      5. 18. Redemption

      6. 19. Removal and auction of attached articles

      7. 19A. Urgent removal of attached articles

   3. Attachment: further procedure

      1. 20. Order for security of articles or sale of articles which are perishable etc.

      2. 21. Unlawful acts after attachment

      3. 22. Release of vehicle from attachment

      4. 23. Appeals against valuation

      5. 24. Duration of attachment

      6. 25. Second attachment at same place

      7. 26. Invalidity and cessation of attachment

   4. Auction of attached articles

      1. 27. Notice of public auction

      2. 28. Alteration of arrangements for removal or auction

      3. 29. Cancellation of auctions

      4. 30. Auction

      5. 31. Disposal of proceeds of auction

      6. 32. Report of auction

      7. 33. Audit of report of auction

   5. General and miscellaneous provisions

      1. 34. Articles belonging to a third party

      2. 35. Articles in common ownership

      3. 36. Procedure where articles in common ownership are sold at auction

      4. 37. Attachment terminated by payment or tender of full amount owing

      5. 38. Assistance to debtor

      6. 39. Expenses chargeable in relation to attachment etc.

      7. 40. Recovery from debtor of expenses of attachment

      8. 41. Ascription of sums recovered by attachment or while attachment is in effect

      9. 42. Restriction on fees payable by debtor

      10. 43. Power to provide for lay representation

      11. 44. Legal aid

      12. 45. Interpretation of this Part and Parts 3 and 4

5. Part 3 Attachment of articles kept in dwellinghouses: special procedure

   1. 46. Restriction on attachment of articles kept in dwellinghouses

   2. 47. Exceptional attachment order

   3. 48. Exceptional circumstances

   4. 49. Power of entry

   5. 50. Unlawful acts before attachment

   6. 51. Valuation

   7. 52. Articles with sentimental value

   8. 53. Removal of articles attached in dwellinghouse

   9. 54. Professional valuation

   10. 55. Release of articles from attachment

   11. 56. Redemption

   12. 57. Appeals

6. Part 4 Abolition of poindings and warrant sales

   1. 58. Abolition of poindings and warrant sales

   2. 59. Savings

7. Part 5 Miscellaneous and general

   1. 60. Application of this Act to sequestration for rent and arrestment

   2. 60A. Electronic signatures

   3. 61. Minor and consequential amendments and repeals

   4. 62. Regulations and orders

   5. 63. Crown application

   6. 64. Short title and commencement

8. 1. SCHEDULE 1

      Expenses of attachment etc.

      1. 1. Expenses chargeable against the debtor

      2. 1A. The expenses referred to in sub-paragraphs (i), (j) and (k)...

      3. 2. Where a new date is arranged under section 28(2) above...

      4. 3. Where arrangements for an auction are cancelled under subsection (1)...

      5. 4. Circumstances where liability for expenses is at the discretion of the sheriff

      6. 5. Calculation of amount chargeable against debtor under the foregoing provisions

      7. 6. Circumstances where no expenses are due to or by either party

      8. 7. If— (a) an application mentioned in paragraph 6(a) above is...

      9. 8. Paragraphs 6 and 7 do not apply to expenses incurred—...

   2. SCHEDULE 2

      Non-essential assets

      1. 1. For the purposes of Part 3 of this Act, “non-essential...

      2. 2. None of the following is a non-essential asset for the...

      3. 3. The articles referred to in paragraph 2(a) above are—

      4. 4. The articles referred to in paragraph 2(b) above are the...

      5. 5. The Scottish Ministers may by regulations modify paragraph 4 above...

   3. SCHEDULE 3

      Minor and consequential amendments and repeals

      1. Part 1 Acts

         1. 1. Companies Clauses Consolidation (Scotland) Act 1845 (c.17)

         2. 2. Lands Clauses Consolidation (Scotland) Act 1845 (c.19)

         3. 3. Railway Clauses Consolidation (Scotland) Act 1845 (c.33)

         4. 4. Markets and Fairs Clauses Act 1847 (c.14)

         5. 5. Harbours, Docks and Piers Clauses Act 1847 (c.27)

         6. 6. Entail Amendment Act 1853 (c.94)

         7. 7. Writs Execution (Scotland) Act 1877 (c.40)

         8. 8. Sheriff Courts (Scotland) Extracts Act 1892 (c.17)

         9. 9. Public Health (Scotland) Act 1897 (c.38)

         10. 10. Local Government (Scotland) Act 1947 (c.43)

         11. 11. Taxes Management Act 1970 (c.9)

         12. 12. Water (Scotland) Act 1980 (c.45)

         13. 13. Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c.59)

         14. 14. Car Tax Act 1983 (c.53)

         15. 15. Bankruptcy (Scotland) Act 1985 (c.66)

         16. 16. Gas Act 1986 (c.44)

         17. 17. Debtors (Scotland) Act 1987 (c.18)

         18. 18. Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47)

         19. 19. Income and Corporation Taxes Act 1988 (c.1)

         20. 20. Child Support Act 1991 (c.48)

         21. 21. Social Security Administration Act 1992 (c.5)

         22. 22. Local Government Finance Act 1992 (c.14)

         23. 23. Local Government etc. (Scotland) Act 1994 (c.39);

         24. 24. Proceeds of Crime (Scotland) Act 1995 (c.43)

         25. 25. Criminal Procedure (Scotland) Act 1995 (c.46)

         26. 26. Finance Act 1997 (c.16)

         27. 27. Abolition of Poindings and Warrant Sales Act 2001 (asp 1)

         28. 28. Water Industry (Scotland) Act 2002 (asp 3)

         29. 29. Proceeds of Crime Act 2002 (c.29)

      2. Part 2 Subordinate legislation

         1. 30. Stamp Duty Reserve Tax Regulations 1986 (S.I. 1986/1711)

         2. 31. Confiscation of the Proceeds of Drug Trafficking (Designated Countries and Territories) (Scotland) Order 1991 (S.I. 1991/1467)

         3. 32. Merchant Shipping (Ministry of Defence Commercially Managed Ships) Order 1992 (S.I. 1992/1293)

         4. 33. Merchant Shipping (Ministry of Defence Yachts) Order 1992 (S.I. 1992/1294)

         5. 34. Insurance Premium Tax Regulations 1994 (S.I. 1994/1774)

         6. 35. Lloyd’s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 (S.I. 1995/3225)

         7. 36. Landfill Tax Regulations 1996 (S.I. 1996/1527)

         8. 37. Stamp Duty (Collection and Recovery of Penalties) Regulations 1999 (S.I. 1999/2537)

         9. 38. Civil Legal Aid (Scotland) Regulations 2002 (S.S.I. 2002/494)