SCHEDULE 5Minor and consequential amendments
The Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17)
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1
The 2002 Act is amended as follows.
2
In section 10(3) (competence of attachment), for paragraphs (a) and (b) substitute—
a
the debtor has been charged to pay the debt;
b
the period for payment specified in the charge has expired without payment being made; and
c
where the debtor is an individual, the creditor has, no earlier than 12 weeks before taking any steps to execute the attachment, provided the debtor with a debt advice and information package.
3
In section 11 (articles exempt from attachment)—
a
in subsection (1), after paragraph (d) insert—
e
any money.
b
after subsection (2) insert—
3
In subsection (1)(e) above, “money” has the same meaning as in section 175 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).
4
After section 13 insert—
13ASchedule of attachment
1
The officer must, immediately after executing an attachment, complete a schedule such as is mentioned in subsection (2) below (in this section, the “attachment schedule”).
2
An attachment schedule—
a
must be in (or as nearly as may be in) the form prescribed by Act of Sederunt; and
b
must specify—
i
the articles attached; and
ii
their value, so far as ascertainable.
3
The officer must—
a
give a copy of the attachment schedule to the debtor; or
b
where it is not practicable to do so—
i
give a copy of the schedule to a person present at the place where the attachment was executed; or
ii
where there is no such person, leave a copy of it at that place.
4
An attachment is executed on the day on which the officer complies with subsection (3) above.
5
In section 14 (procedure for attachment of articles kept outwith dwellinghouses), for “19” substitute “
19A
”
.
6
In section 15, the title to that section becomes “
Valuation
”
.
7
In section 28(1)(b)
(restriction on alteration of arrangements for auctions), for “19” substitute “
19A
”
.
8
In section 32 (report of auction)—
a
in subsection (2)(a), after sub-paragraph (iii) insert—
iiia
any sums paid by the debtor to account of the sum recoverable;
F1b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
In section 33 (audit of report of auction)—
a
in subsection (7), for the words from “providing” to the end substitute—
a
giving—
i
the debtor;
ii
the creditor; and
iii
any third party who claims ownership (whether alone or in common with the debtor) of any attached article,
an opportunity to make representations; or
b
holding a hearing.
b
in subsection (8), for “debtor” substitute “
persons mentioned in subsection (7)(a) above.
”
.
10
In section 34 (articles belonging to third parties), in subsection (1)(b)(ii), for “so satisfied” substitute “
satisfied that the claim is valid
”
.
11
In section 40 (recovery from debtor of expenses of attachment)—
a
in subsection (3)—
i
in paragraph (a), for “9(2)(a), (d) or (e)” substitute “
9(2)(d) or (10)(b)
”
; and
ii
in paragraph (c), for “presentation of a petition for an administration order” substitute “
appointment of an administrator
”
; and
b
in subsection (4)(b), for “administration order” substitute “
appointment
”
.
12
In section 41(2)(a) (ascription of sums recovered by attachment), after sub-paragraph (i) insert—
ia
any previous interim attachment the expenses of which are chargeable against and recoverable from the debtor under section 9Q(1)(a) of this Act;
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
In section 60(2)
(application of the Act to sequestration for rent and arrestment) for the words “such a” substitute “
the landlord's
”
.
15
In schedule 1, in paragraph 1, before “2” insert “
1A,
”
.