Debtors (Scotland) Act 1987
PART I EXTENSION OF TIME TO PAY DEBTS
Time to pay directions on granting decree
1 Time to pay directions.
2 Effect of time to pay direction on diligence.
3 Variation and recall of time to pay direction and arrestment.
4 Lapse of time to pay direction.
Time to pay orders following charge or diligence
5 Time to pay orders.
6 Application for time to pay order.
7 Disposal of application.
8 Effect of interim order on diligence.
9 Effect of time to pay order on diligence.
10 Variation and recall of time to pay order and arrestment.
11 Lapse of time to pay order.
Miscellaneous
12 Sequestration and insolvency.
13 Saving of creditor’s rights and remedies.
14 Circumstances where direction or order not competent or no longer effective.
15 Interpretation of Part I.
PART II POINDINGS AND WARRANT SALES
Poinding
16 Articles exempt from poinding.
17 Restrictions on times when poinding may be executed.
18 Power of entry for execution of poinding.
19 Value of articles which may be poinded and presumption as to ownership.
20 Poinding procedure.
21 Poinding procedure - further provisions.
22 Report of execution of poinding.
23 Release of poinded article on ground of undue harshness.
24 Invalidity, cessation and recall of poinding.
25 Second poinding in same premises.
26 Sist of proceedings in poinding of mobile homes.
27 Duration of poinding.
Removal, damage or destruction of poinded articles
28 Removal of poinded articles.
29 Unlawful acts relating to poinded articles.
Warrant sales
30 Application for warrant of sale.
31 Provisions of warrant of sale.
32 Location of sale.
33 Release or redemption of poinded articles after warrant.
34 Intimation and publication of sale.
35 Alteration of arrangements for sale.
36 Payment agreements after warrant of sale.
37 The warrant sale.
38 Disposal of proceeds of sale.
39 Report of warrant sale.
Articles belonging to third parties or in common ownership
40 Release from poinding of articles belonging to third party.
41 Poinding and sale of articles in common ownership.
Supplementary
42 Certain proceedings under Part II to postpone further steps in the diligence.
43 Conjoining of further poinding with original poinding.
44 Expenses of poinding and sale.
45 Interpretation of Part II.
PART III DILIGENCE AGAINST EARNINGS
Introduction
46 New diligences against earnings.
Earnings arrestments
47 General effect of earnings arrestment.
48 Debt recoverable by earnings arrestment.
49 Deductions from net earnings to be made by employer.
50 Review of earnings arrestment.
Current maintenance arrestments
51 General effect of current maintenance arrestment.
52 Enforcement of 2 or more obligations to pay maintenance.
53 Deductions from net earnings to be made by employer.
54 Current maintenance arrestment to be preceded by default.
55 Review and termination of current maintenance arrestment.
56 Effect of new maintenance order on current maintenance arrestment.
General
57 Failure to comply with arrestment, manner of payment and creditor’s duty when arrestment ceases to have effect.
58 Simultaneous operation of earnings and current maintenance arrestment.
59 Priority among arrestments.
Conjoined arrestment orders
60 Conjoined arrestment orders: general provision.
61 Amount recoverable under conjoined arrestment order.
62 Relationship of conjoined arrestment order with earnings and current maintenance arrestments.
63 Sum payable by employer under conjoined arrestment order.
64 Disbursement by sheriff clerk of sums received from employer.
65 Operation of conjoined arrestment order.
66 Recall and variation of conjoined arrestment order.
Supplementary provisions
67 Equalisation of diligences not to apply.
68 Diversion of arrested earnings to Secretary of State.
69 Restriction on liability of employer in operating diligence against earnings.
70 Execution and intimation of copies.
71 Employer’s fee for operating diligence against earnings.
72 Effect of sequestration on diligence against earnings.
73 Interpretation of Part III.
PART IV RECOVERY OF RATES AND TAXES ETC.
74 Recovery of rates and taxes etc.
PART V MESSENGERS-AT-ARMS AND SHERIFF OFFICERS
75 Regulation of organisation, training, conduct and procedure.
76 Advisory Council.
77 Appointment of messenger-at-arms.
78 Inspection of work.
79 Investigation of alleged misconduct.
80 Courts’ powers in relation to offences or misconduct.
81 Provisions supplementary to section 80.
82 Appeals from decisions under sections 79(5) and 80.
83 Service of charge and execution of diligence or warrant void where officer of court has interest.
84 Collection of statistics from officers of court.
85 Measure of damages payable by officer of court for negligence or other fault.
86 Official identity card.
PART VI WARRANTS FOR DILIGENCE AND CHARGES FOR PAYMENT
87 Effect of warrants for diligence in extract decrees and other documents.
88 Warrants for diligence: special cases.
89 Abolition of letters of horning, horning and poinding, poinding, and caption.
90 Provisions relating to charges for payment.
91 Enforcement of certain warrants and precepts of sheriff anywhere in Scotland.
PART VII MISCELLANEOUS AND GENERAL
92 General provision relating to liability for expenses in court proceedings.
93 Recovery from debtor of expenses of certain diligences.
94 Ascription of sums recovered by diligence or while diligence is in effect.
95 Certain diligences terminated by payment or tender of full amount owing.
96 Provisions to assist debtor in proceedings under Act.
97In relation to any proceedings before the sheriff under any...
98At the end of Part II of Schedule 2 to...
99(1) Sections 16 to 18, 23 and 26 of this...
100(1) An obligation ad factum praestandum which is contained in...
101It shall not be competent for a creditor to bring...
102 Procedure in diligence proceeding on extract of registered document etc.
103 Appeals.
104 Regulations.
105 Application to Crown.
106 Interpretation.
107 Financial provisions.
108 Minor and consequential amendments, transitional provisions and repeals.
109 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 EXPENSES OF POINDING AND SALE
Expenses chargeable against the debtor
1(1) Subject to paragraphs 2, 3 and 5 to 7...
2Where a warrant of sale is varied under section 35...
3Where arrangements for a sale are cancelled under subsection (1)...
4Where a warrant of sale is varied under section 35...
5Subject to paragraph 6 below, where any such further poinding...
6Where any such further poinding as is mentioned in subsection...
7Where a new date is arranged under section 35(10) of...
Circumstances where liability for expenses is at the discretion of the sheriff
8The liability for any expenses incurred by the creditor or...
Calculation of amount chargeable against debtor under the foregoing provisions
9Expenses— (a) chargeable against the debtor by virtue of any...
Circumstances where no expenses are due to or by either party
10Subject to paragraph 11 below, the debtor shall not be...
11If— (a) an application mentioned in paragraph 10(a) above is...
Supplementary
12Any expenses chargeable against the debtor by virtue of any...
SCHEDULE 2 DEDUCTIONS TO BE MADE UNDER EARNINGS ARRESTMENT
SCHEDULE 3 DISBURSEMENTS BY SHERIFF CLERKS UNDER CONJOINED ARRESTMENT ORDER
1Where all the debts are ordinary debts, in every disbursement...
2Where all the debts are current maintenance, then, in any...
3Subject to paragraph 4 below, where the debts comprise both...
4If the sum available for any disbursement is insufficient to...
5For the purposes of this Schedule, the amount of an...
SCHEDULE 4 RECOVERY OF RATES AND TAXES ETC.
The Local Government (Scotland) Act 1947 (c. 43.)
1(1) For section 247 there shall be substituted the following...
The Taxes Management Act 1970 (c. 9.)
2For section 63 there shall be substituted the following sections—...
The Car Tax Act 1983 (c. 53.)
3In paragraph 3(2) of Schedule 1 (recovery of car tax),...
The Value Added Tax Act 1983 (c. 55.)
4In paragraph 6(4) of Schedule 7 (recovery of value added...
SCHEDULE 5 POINDINGS AND SALES IN PURSUANCE OF SUMMARY WARRANTS
Articles exempt from poinding
1(1) The following articles belonging to a debtor shall be...
Restrictions on time when poinding may be executed
2(1) No poinding shall be executed on Sunday, Christmas Day,...
Power of entry for execution of poinding
3(1) Subject to sub-paragraph (2) below, notwithstanding any warrant authorising...
Value of articles which may be poinded and presumption as to ownership
4(1) The sheriff officer shall be entitled to poind articles...
Poinding procedure
5(1) The procedure in a poinding shall be in accordance...
6(1) The sheriff, on an application by the creditor, the...
Release of poinded article on ground of undue harshness
7(1) The sheriff may, on an application made within 14...
Invalidity, cessation and recall of poinding
8(1) If, at any time before the sale of the...
Second poinding in same premises
9Subject to paragraph 7(2) above and paragraphs 12(2) and (6),...
Sist of proceedings in poinding of mobile homes
10(1) Where a caravan, houseboat or other moveable structure which...
Duration of poinding
11(1) Subject to sub-paragraphs (2), (3) and (5) below, a...
Removal, damage or destruction of poinded articles
12(1) The debtor or the person in possession of poinded...
13(1) The wilful damage or destruction of poinded articles by—...
Arrangements for sale
14(1) A sale in pursuance of a summary warrant shall...
Release or redemption of poinded articles
15(1) Where a sale of poinded articles is to be...
Intimation and publication of sale
16(1) The sheriff officer who makes arrangements for the sale...
Alteration of arrangements for sale
17(1) Subject to sub-paragraph (2) below and without prejudice to...
The sale
18(1) In the sale there shall be no reserve price...
Disposal of proceeds of sale
19The sheriff officer who arranges the sale shall dispose of...
Report of sale
20(1) The sheriff officer who arranged the sale shall within...
Articles belonging to third parties or in common ownership
21(1) A sheriff officer may, at any time after the...
22(1) Articles which are owned in common by a debtor...
Certain proceedings under this Schedule to postpone further steps in the diligence
23(1) Where an application under any of the provisions of...
Power to enter premises and open shut and lockfast places
24A summary warrant shall contain a warrant authorising a sheriff...
Expenses chargeable against the debtor
25(1) Subject to paragraphs 26 to 29 below, there shall...
26Where arrangements for a sale are cancelled under sub-paragraph (4)...
27Subject to paragraph 28 below, where any such further poinding...
28Where any such further poinding as is mentioned in sub-paragraph...
29Where a new date is arranged under paragraph 17(2) above...
Circumstances where liability for expenses is at the discretion of the sheriff
30The liability for any expenses incurred by the creditor or...
Calculation of amount chargeable against debtor under the foregoing provisions
31Expenses awarded by the sheriff against the debtor in favour...
Circumstances where no expenses are due to or by either party
32Subject to paragraph 33 below, the debtor shall not be...
33If— (a) an application mentioned in paragraph 32(a) above is...
Supplementary
34Any expenses chargeable against the debtor by virtue of any...
35In this Schedule— “creditor” means— (a) for the purposes of...
SCHEDULE 6 MINOR AND CONSEQUENTIAL AMENDMENTS
General amendment
1Any reference in any enactment to an order being enforceable...
Specific amendments
The Bank Notes (Scotland) Act 1765 (c. 49.)
2In section 4 (summary execution on banker’s notes), for the...
The Debtors (Scotland) Act 1838 (c. 114.)
3At the end of section 22 (arrestment to prescribe in...
The Harbours, Docks, and Piers Clauses Act 1847 (c. 27.)
4In section 57 (unserviceable vessels to be altogether removed from...
The Lyon King of Arms Act 1867 (c.17)
5In section 2 (admittance to office of messengers-at-arms), for the...
The Court of Session Act 1868 (c. 100)
6At the end of section 14 (induciae of summonses and...
The Titles to Land Consolidation (Scotland) Act 1868 (c. 101)
7In section 138 (import of short clauses of consent to...
The Debtors (Scotland) Act 1880 (c. 34)
8In section 4 (abolition of imprisonment for debt, with certain...
The Sea Fisheries Act 1883 (c. 22.)
9In section 20(2) (masters of boats liable to fines imposed),...
The Merchant Shipping Act 1894 (c. 60.)
10In section 693 (sums ordered to be leviable by poinding...
The Execution of Diligence (Scotland) Act 1926 (c. 16)
11In section 1 (sheriff officer to have the powers of...
12In section 2(1)(b) (execution of arrestment or charge by registered...
The Sea Fisheries Act 1968 (c. 77.)
13In section 12(2)(a) (recovery of fines imposed on master, etc....
The Prevention of Oil Pollution Act 1971 (c. 60.)
14In section 20(1) (enforcement and application of fines), for the...
The Town and Country Planning (Scotland) Act 1972 (c. 52)
15In section 267(8) (local inquiries), for the words “a recorded...
The Consumer Credit Act 1974 (c. 69)
16After section 93 there shall be inserted the following section—...
17In section 129 (time orders)— (a) at the beginning of...
The Criminal Procedure (Scotland) Act 1975 (c. 21)
18In section 411 (recovery by civil diligence), in subsection (1)...
The Crofting Reform (Scotland) Act 1976 (c. 21)
19In section 17(1) (extension of powers of Land Court), for...
The Patents Act 1977 (c. 37)
20In section 93(b) and 107(3) (orders for expenses), for the...
The Customs and Excise Management Act 1979 (c. 2)
21In section 117 (execution and diligence against revenue traders), for...
The Education (Scotland) Act 1980 (c. 44)
22In paragraph 8 of Schedule 1 (local inquiries), for the...
The Betting and Gaming Duties Act 1981 (c. 63)
23Section 29 (recovery of duty in Scotland), shall have effect...
The British Fishing Boats Act 1983 (c. 8.)
24In section 5(2)(a) (recovery of fines), for the word “poinding”...
The Inshore Fishing (Scotland) Act 1984 (c. 26.)
25In section 8(2)(a) (recovery of fines), for the word “poinding”...
The Rent (Scotland) Act 1984 (c. 58.)
26For section 110 (restriction on diligence), there shall be substituted...
The Bankruptcy (Scotland) Act 1985 (c. 66)
27In section 37 (effect of sequestration on diligence), after subsection...
28In paragraph 24 of Schedule 7 (arrestments and poindings)—
SCHEDULE 7 TRANSITIONAL PROVISIONS
1Notwithstanding the repeal by this Act of subsection (4) of...
2The sheriff may refuse to make a time to pay...
3Without prejudice to paragraphs 4 to 6 of this Schedule,...
4Nothing in Part II of this Act shall affect a...
5Nothing in this Act shall affect an arrestment of earnings...
6Where an arrestment of a debtor’s earnings in the hands...
7(1) Subject to sub-paragraph (2) below, a summary warrant granted...
8(1) Where before the commencement of paragraphs 21 and 23...
9(1) The provisions of this Act relating to the liability...
10Until the commencement of the repeal of the Supplementary Benefits...
SCHEDULE 8 REPEALS

Royal arms

Debtors (Scotland) Act 1987

1987 CHAPTER 18

An Act to make new provision with regard to Scotland for an extension of time for payment of debts; to amend the law relating to certain diligences; to make provision in respect of messengers-at-arms and sheriff officers; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—