- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Debtors (Scotland) Act 1987, Section 103 is up to date with all changes known to be in force on or before 04 September 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subject to subsection (9) below and sections F1. . . , 50(2), 55(4), 60(8), 62(9) and 66(9) of this Act F1. . . , an appeal may be made against any decision of the sheriff under this Act but only on a question of law and with the leave of the sheriff; and section 38 of the M1Sheriff Courts (Scotland) Act 1971 (appeal in summary causes) [F2and section 82 of the Courts Reform (Scotland) Act 2014 (appeals from simple procedure cases)] shall not apply to any appeal or any further appeal taken under this Act.
(2)Any appeal against a decision of the sheriff under subsection (1) above must be made within a period of 14 days from the date when leave to appeal against the decision was granted.
(3)An appeal may be made against any decision of the Lord Ordinary on an application under section 1(1) or 3(1) of this Act but only on a question of law and with the leave of the Lord Ordinary.
(4)Subject to subsections (6) and (7) below, any decision of the sheriff or of the Lord Ordinary under this Act shall take effect as soon as it is made and shall remain in effect unless and until it is reversed on appeal and either—
(a)the period allowed for further appeal has expired without an appeal being made; or
(b)if such a further appeal has been made, the matter has been finally determined in favour of the reversal of the sheriff’s or Lord Ordinary’s decision.
(5)No decision reversing a decision of the sheriff or Lord Ordinary under this Act shall have retrospective effect.
(6)A decision or order of the sheriff under any provision of this Act mentioned in subsection (7) below shall not take effect—
(a)until the period for leave to appeal specified in rules of court has expired without an application for leave having been made;
(b)where an application for leave to appeal is made, until leave has been refused or the application has been abandoned;
(c)where leave to appeal has been granted, until the period for an appeal has expired without an appeal being made; or
(d)where an appeal against the decision is made, until the matter has been finally determined or the appeal has been abandoned.
(7)The provisions of this Act referred to in subsection (6) above are—
(a)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k)section 50(1) except in so far as it relates to orders declaring that an arrestment is invalid or has ceased to have effect;
(l)section 50(4);
(m)section 55(1) except in so far as it relates to orders declaring that an arrestment is invalid or has ceased to have effect;
(n)section 55(6);
(o)section 65(2);
(p)section 66(3);
(q)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)A court to which an appeal under this Act or a further appeal is made may—
(a)before it disposes of the appeal, make such interim order; and
(b)on determining the appeal, make such supplementary order,
as it thinks necessary or reasonable in the circumstances.
(9)This section does not apply to any decision of a court under Part V of this Act.
Textual Amendments
F1Words in s. 103(1) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp17), s. 61, {Sch. 3 Pt. 1 para. 17(15)(a)} (with s. 63)
F2Words in s. 103(1) inserted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), art. 1, sch. 1 para. 2(3) (with art. 4(1))
F3S. 103(7)(a)-(j) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp17), s. 61, {Sch. 3 Pt. 1 para. 17(15)(b)} (with s. 63)
F4S. 103(7)(a)-(j) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para 17(15)(b) (with s. 63)
F5S. 103(7)(a)-(j) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 17(15)(b) (with s. 63)
F6S. 103(7)(q) repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 17(5)(b) (with s. 63)
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys