Debtors (Scotland) Act 1987

[F1 4A S Where—

(a) only one of the debts is an ordinary debt, the creditor in that debt shall be paid the sum equal to—

;

(b) more than one of the debts is an ordinary debt, each of the creditors in those debts, out of the sum mentioned in sub-paragraph (a) above, shall be paid the same proportion of the amount of that creditor's debt;

(c) only one of the debts is current maintenance, the creditor in that debt shall be paid the sum equal to—

;

(d) more than one of the debts is current maintenance, each of the creditors in those debts, out of the sum mentioned in sub-paragraph (c) above, shall be paid the same proportion of the amount of that creditor's debt,

where—

• D is the sum deducted under subsection (5) of section 63 of this Act;

• E is the sum deducted under paragraph (a) of that subsection;

• C is the sum which would, if the only debts were the current maintenance debts, be deducted under subsection (3) of that section; and

• S is the total of E and C.]

Textual Amendments

F1 Sch. 3 para. 4A inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 199(3)(b), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1)(d) (with arts. 4-6, 10, 13, 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)