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Debtors (Scotland) Act 1987
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- UK Public General Acts
- 1987 c. 18
- SCHEDULE 1
- Circumstances where liability for...
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Changes over time for: Cross Heading: Circumstances where liability for expenses is at the discretion of the sheriff
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Changes to legislation:
Debtors (Scotland) Act 1987, Cross Heading: Circumstances where liability for expenses is at the discretion of the sheriff is up to date with all changes known to be in force on or before 23 January 2025. 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.
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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.
Changes and effects yet to be applied to Schedule 1 Crossheading Circumstances-where-liability-for-expenses-is-at-the-discretion-of-the-sheriff:
- s. 8(1)(d) (e) substituted for s. 8(1)(d) by 2007 asp 3 Sch. 5 para. 16(7)(a)(v)
- s. 70(3)-(3D) substituted for s. 70(3) by 2024 asp 9 s. 16(2)(a)
- s. 70A(1A)(2) substituted for s. 70A(2) by 2024 asp 9 s. 16(3)(b)
- s. 70A(5A) inserted by 2024 asp 9 s. 16(3)(f)
- s. 70A(7) inserted by 2024 asp 9 s. 16(3)(h)
- s. 70B(A1) inserted by 2024 asp 9 s. 16(4)(a)
- s. 70B(1)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 16(4)(b)
- s. 70B(4) inserted by 2024 asp 9 s. 16(4)(e)
- s. 73G(4)(c) inserted by 2024 asp 9 s. 14(3)(b)
- s. 73H(5) inserted by 2024 asp 9 s. 14(4)(b)
- s. 73U inserted by 2024 asp 9 s. 15(5)
- s. 73CA inserted by 2024 asp 9 s. 14(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 8(1)(d) (e) substituted for s. 8(1)(d) by 2007 asp 3 Sch. 5 para. 16(7)(a)(v)
- s. 70(3)-(3D) substituted for s. 70(3) by 2024 asp 9 s. 16(2)(a)
- s. 70A(1A)(2) substituted for s. 70A(2) by 2024 asp 9 s. 16(3)(b)
- s. 70A(5A) inserted by 2024 asp 9 s. 16(3)(f)
- s. 70A(7) inserted by 2024 asp 9 s. 16(3)(h)
- s. 70B(A1) inserted by 2024 asp 9 s. 16(4)(a)
- s. 70B(1)(b)(i)(ii) and words substituted for words by 2024 asp 9 s. 16(4)(b)
- s. 70B(4) inserted by 2024 asp 9 s. 16(4)(e)
- s. 73G(4)(c) inserted by 2024 asp 9 s. 14(3)(b)
- s. 73H(5) inserted by 2024 asp 9 s. 14(4)(b)
- s. 73U inserted by 2024 asp 9 s. 15(5)
- s. 73CA inserted by 2024 asp 9 s. 14(2)
Circumstances where liability for expenses is at the discretion of the sheriffS
Textual Amendments
F1Sch. 1 repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 58(2)(c) (with ss. 59, 63)
8SThe liability for any expenses incurred by the creditor or the debtor—
(a)in an application by the creditor or an officer of court to the sheriff under any provision of Part II of this Act, other than an application for a warrant of sale under section 30(1) of this Act or an application for variation of a warrant of sale under section 35(1) of this Act; or
(b)in implementing an order under—
(i)section 21(1) of this Act (order for security or immediate disposal of poinded articles); or
(ii)section 28(4) to (6) or 29 of this Act (orders dealing with unauthorised removal, damage or destruction of poinded articles),
shall be as determined by the sheriff.
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