2009 No. 395
The Diligence against Earnings (Variation) (No. 2) (Scotland) Regulations 2009
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 49(7)(a), 53(3) and 63(6) of the Debtors (Scotland) Act 19871 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Diligence against Earnings (Variation) (No. 2) (Scotland) Regulations 2009 and come into force on 6th April 2010.
Rate of deductions in diligence against earnings2
In the Debtors (Scotland) Act 1987—
a
in sections 53(2)(b) (deductions to be made under current maintenance arrestments) and 63(4)(b) (deductions to be made under conjoined arrestment orders), for “£12”2 substitute “£13.64”; and
b
for Tables A, B and C of Schedule 23 (deductions to be made under earnings arrestments), substitute respectively Tables A, B and C in the Schedule to these Regulations.
SCHEDULE
TABLE A: DEDUCTIONS FROM WEEKLY EARNINGS
Net earnings | Deduction* |
---|---|
Not exceeding £95.77 | Nil |
Exceeding £95.77 but not exceeding £346.15 | £4 or 19% of earnings exceeding £95.77, whichever is the greater |
Exceeding £346.15 but not exceeding £576.92 | £47.57 plus 23% of earnings exceeding £346.15 |
Exceeding £576.92 | £100.65 plus 50% of earnings exceeding £576.92 |
* When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down. |
TABLE B: DEDUCTIONS FROM MONTHLY EARNINGS
Net earnings | Deduction* |
---|---|
Not exceeding £415 | Nil |
Exceeding £415 but not exceeding £1,500 | £15 or 19% of earnings exceeding £415, whichever is the greater |
Exceeding £1,500 but not exceeding £2,500.00 | £206.15 plus 23% of earnings exceeding £1,500 |
Exceeding £2,500 | £436.15 plus 50% of earnings exceeding £2,500 |
* When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down. |
TABLE C: DEDUCTIONS FROM DAILY EARNINGS
Net earnings | Deduction* |
---|---|
Not exceeding £13.64 | Nil |
Exceeding £13.64 but not exceeding £49.32 | £0.50 or 19% of earnings exceeding £13.64, whichever is the greater |
Exceeding £49.32 but not exceeding £82.19 | £6.78 plus 23% of earnings exceeding £49.32 |
Exceeding £82.19 | £14.34 plus 50% of earnings exceeding £82.19 |
* When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down. |
(This note is not part of the Regulations)