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Debtors (Scotland) Act 1987
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- 1987 c. 18
- SCHEDULE 3
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Version Superseded: 01/04/2008
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- 01/02/1991- Amendment
- 01/07/1997
Point in time - 01/04/2008- Amendment
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Debtors (Scotland) Act 1987, SCHEDULE 3 is up to date with all changes known to be in force on or before 06 November 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.
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Section 64.
SCHEDULE 3S DISBURSEMENTS BY SHERIFF CLERKS UNDER CONJOINED ARRESTMENT ORDER
1SWhere all the debts are ordinary debts, in every disbursement by the sheriff clerk each creditor shall be paid the same proportion of the amount of his debt.
2SWhere all the debts are current maintenance, then, in any such disbursement, if the sum available for disbursement is—
(a)sufficient to satisfy every creditor in respect of the amount of maintenance to be deducted in respect of his debt on that pay-day, each creditor shall be paid that amount;
(b)insufficient to satisfy every creditor in respect of the amount of maintenance specified in paragraph (a) above, each creditor shall be paid the same proportion of that amount.
3SSubject to paragraph 4 below, where the debts comprise both ordinary debts and current maintenance, then, in any such disbursement—
(a)if only one of the debts is an ordinary debt, the creditor in that debt shall be paid the sum which would be payable to him if the debt were being enforced by an earnings arrestment;
(b)if more than one of the debts is an ordinary debt, each of the creditors in those debts, out of the sum which would be payable to a creditor if the debt were a single debt being enforced by an earnings arrestment, shall be paid the same proportion of the amount of his debt;
(c)if only one of the debts is current maintenance, the creditor in that debt shall be paid the sum which would be payable to him under section 51 of this Act if the debt were being enforced by a current maintenance arrestment;
(d)if more than one of the debts is current maintenance, each of the creditors in those debts shall receive a payment in accordance with paragraph 2 of this Schedule.
4SIf the sum available for any disbursement is insufficient to enable the provisions of paragraph 3 above to operate both in relation to the ordinary debts and the current maintenance, priority shall be given in the disbursement to the ordinary debts.
5SFor the purposes of this Schedule, the amount of an ordinary debt—
(a)of a creditor whose debt was being enforced by an earnings arrestment which was recalled under section 60(3) of this Act, shall be the amount specified in the earnings arrestment schedule;
(b)of any other creditor, shall be the amount specified in the conjoined arrestment order or the order under section 62(5) of this Act.
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