- Latest available (Revised)
- Original (As enacted)
Criminal Procedure (Scotland) Act 1995, Section 221 is up to date with all changes known to be in force on or before 23 December 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)Where any fine falls to be recovered by civil diligence in pursuance of this Act or in any case in which a court may think it expedient to order a fine to be recovered by civil diligence, there shall be added to the finding of the court imposing the fine a warrant for civil diligence in a form prescribed by Act of Adjournal which shall have the effect of authorising—
(a)the charging of the person who has been fined to pay the fine within the period specified in the charge and, in the event of failure to make such payment within that period,
[F1(i)the execution of an arrestment;
(ii)the attachment of articles belonging to him; and
(iii)the execution of a money attachment ,]
and, if necessary for the purpose of executing the [F2attachment][F3 or the money attachment], the opening of shut and lockfast places;
(b)an arrestment other than an arrestment of earnings in the hands of his employer,
and such diligence, whatever the amount of the fine imposed, may be executed in the same manner as if the proceedings were on an extract decree of the sheriff in a summary cause.
(2)Subject to subsection (3) below, proceedings by civil diligence under this section may be taken at any time after the imposition of the fine to which they relate.
(3)No such proceedings shall be authorised after the offender has been imprisoned in consequence of his having defaulted in payment of the fine.
(4)Where proceedings by civil diligence for the recovery of a fine or caution are taken, imprisonment for non-payment of the fine or for failure to find such caution shall remain competent and such proceedings may be authorised after the court has imposed imprisonment for, or in the event of, the non-payment or the failure but before imprisonment has followed such imposition.
Textual Amendments
F1S. 221(1)(a)(i)-(iii) substituted for words (23.11.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 23(a) (with s. 223); S.S.I. 2009/369, art. 3(2)(3), Sch. 1
F2Words in s. 221(1)(a) substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 25 (with s. 63)
F3Words in s. 221(1)(a) inserted (23.11.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 5 para. 23(b) (with s. 223); S.S.I. 2009/369, art. 3(2)(3), Sch. 1
Modifications etc. (not altering text)
C1S. 221 applied (with modifications) (1.4.1996) by 1995 c. 43, ss. 14(2)(h), 50(2)
S. 221 applied (1.1.2003) by Fur Farming (Prohibition) (Scotland) Act 2002 (asp 10), s. 3(2); S.S.I. 2002/519, art. 2
C2S. 221 applied (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 118(1)(2)(h), 458; S.S.I. 2003/210, art. 2 (with transitional provisions in arts. 3-7) (as amended (1.3.2016) by Serious Crime Act 2015 (c. 9), ss. 19(1)(a), 88(2)(a); S.S.I. 2016/11, reg. 2(d) (with reg. 3))
C3S. 221 applied (1.3.2007) by The Sea Fishing (Prohibition on the Removal of Shark Fins) (Scotland) Order 2007 (S.S.I. 2007/39), art. 4(3)
C4S. 221 applied (29.11.2012) by Glasgow Commonwealth Games Act 2008 (asp 4), ss. 36(3), 49; S.S.I. 2012/261, art. 2, sch.
C5S. 221 applied (25.8.2020) by Birmingham Commonwealth Games Act 2020 (c. 10), ss. 10(9), 33 (with ss. 10(10), 33(4))
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?
The Whole Act without Schedules 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 without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Part 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 Part you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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 without Schedules 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 Schedules 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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.