Debtors (Scotland) Act 1987

[F1 73H Failure to disclose information S

(1) Where an arrestee fails without reasonable excuse to send the prescribed form under section 73G(2) of this Act, the sheriff may, on the application of the creditor, make an order requiring the arrestee to pay to the creditor—

(a) the sum due to the creditor by the debtor; or

(b) the sum mentioned in section 73F(4) of this Act,

whichever is the lesser.

(2) Where the arrestee fails to send the prescribed form in relation to an arrestment on the dependence of an action, the sheriff—

(a) may not make an order under subsection (1) above until the creditor has served a copy of the final decree under section 73C(2) above; and

(b) may deal with the failure as a contempt of court.

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

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

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

(4) An arrestee aggrieved by an order under subsection (1) above may, before the expiry of the period of 2 weeks 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

F1 Pt. 3A inserted (1.4.2008 for the insertion of ss. 73A(5), 73B(2), 73C(2), 73E(3), 73F(6), 73G(2), 73H(1)(2), 73M(2)(a), 73Q(3)(a), 73S(1)(2) for specified purposes and for the insertion of s. 73A(2), 22.4.2009 otherwise except for the insertion of s. 73D) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 206, 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(e)(4), sch. 3 (with arts. 4-6, 10, 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); S.S.I. 2009/67, art. 3(1)(b) (with arts. 4-6) (as amended (31.1.2011) by S.S.I. 2011/31, art. 5(b))