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Debt Arrangement and Attachment (Scotland) Act 2002

Changes over time for: Section 45

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Changes to legislation:

Debt Arrangement and Attachment (Scotland) Act 2002, Section 45 is up to date with all changes known to be in force on or before 04 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

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Changes and effects yet to be applied to Section 45:

  • s. 45 words substituted by 2007 asp 3 Sch. 5 para. 30(13) (This amendment not applied to legislation.gov.uk. Sch. 5 para. 30(8)(b)(13) repealed (31.1.2011) by 2010 asp 8, sch. 4 Pt. 2; S.S.I. 2011/30, art. 3(1), Sch. 1)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Debt Arrangement and Attachment (Scotland) Act 2002

Commencement Orders bringing provisions within this Act into force:

45 Interpretation of this Part and Parts 3 and 4S

This section has no associated Explanatory Notes

In this Part and in Parts 3 and 4 of this Act—

  • chargeable expenses” means expenses chargeable against the debtor in accordance with this Part of this Act;

  • dwellinghouse” does not include—

    (a)

    a garage, even although it forms part of the structure or building which consists of or includes the dwellinghouse; or

    (b)

    other structures or buildings used in connection with the dwellinghouse,

    but does include a mobile home or other place used as a dwelling;

  • exceptional attachment order” has the meaning given by section 47(1) below;

  • mobile home” means a caravan, houseboat or other moveable structure used as a dwelling;

  • non-essential assets” has the meaning given by schedule 2 to this Act;

  • officer” means the officer of court appointed by a creditor F1...;

  • sum recoverable” means the debt in respect of which the attachment is executed together with any interest thereon and any chargeable expenses; and

  • summary warrant” means a summary warrant granted under, or by virtue of, any enactment.

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