The Diligence (Scotland) Regulations 2009

Citation and commencement

1.—(1) These Regulations may be cited as the Diligence (Scotland) Regulations 2009 and come into force on 22nd April 2009.

Interpretation

2.  In these Regulations–

“the 1868 Act” means the Titles to Land Consolidation (Scotland) Act 1868;

“the 1987 Act” means the Debtors (Scotland) Act 1987; and

“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007.

Inhibition

Forms for inhibition

3.—(1) The forms in Schedules 1 to 6 are prescribed for the purposes of the relative provisions–

(a) Schedule 1 – schedule of inhibition (section 148(3)(a) of the 2007 Act);

(b) Schedule 2 – certificate of execution of inhibition (Court of Session) (section 148(3)(b) of the 2007 Act);

(c) Schedule 3 – certificate of execution of inhibition (Sheriff Court) (section 148(3)(b) of the 2007 Act);

(d) Schedule 4 – notice of inhibition (section 155(4) of the 1868 Act);

(e) Schedule 5 – notice of Summons for breach of inhibition (section 159 of the 1868 Act); and

(f) Schedule 6 – discharge of notice of Summons for breach of inhibition (section 159A(3) of the 1868 Act).

(2) The form of schedule of inhibition prescribed for registration under section 148(1)(a) of the 2007 Act (registration of inhibition) is a certified copy of the schedule of inhibition required by paragraph (1)(a) and Schedule 1 to these Regulations.

Arrestment

Forms for arrestment

4.  The forms in Schedules 7 to 9 are prescribed for the purposes of the relative provisions–

(a) Schedule 7 – schedule of arrestment (section 73B(2) of the 1987 Act);

(b) Schedule 8 – arrestee disclosure (section 73G(2) of the 1987 Act); and

(c) Schedule 9 – debtor mandate (section 73S(1) of the 1987 Act).

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2009