Version Superseded: 31/12/2020
Point in time view as at 01/04/2015. This version of this provision has been superseded.
Debtors (Scotland) Act 1987, Section 106 is up to date with all changes known to be in force on or before 05 March 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.
In this Act—
[F1“the 2011 Regulations” means the Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484);]
“current maintenance” has the meaning given to it in section 73(1) of this Act;
[F2“debt advice and information package” has the meaning given to it in section 47(4) of this Act;]
“earnings” has the meaning given to it in section 73(2) of this Act;
“employer” has the meaning given to it in section 73(1) of this Act;
[F3“enactment” includes an Act of the Scottish Parliament and any enactment comprised in subordinate legislation under such an Act;]
[F4“the Hague Convention” means the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007;]
F5. . .
“maintenance” means periodical sums payable under a maintenance order;
“maintenance order” means—
an order granted by a court in Scotland for payment of a periodical allowance on divorce [F6or on dissolution of a civil partnership] or on the granting of a declarator of nullity of marriage [F7or of nullity of a civil partnership], or for aliment;
[F8a decision, court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which falls to be enforced by the sheriff court by virtue of Section 1 of Chapter IV of the Maintenance Regulation and the [F92011 Regulations];]
an order under section 43 or 44 of the M1National Assistance Act 1948, section 23 or 24 of the M2Ministry of Social Security Act 1966, section 80 or 81 of the M3Social Work (Scotland) Act 1968, section 11(3) of the M4Guardianship Act 1973, section 18 or 19 of the M5Supplementary Benefits Act 1976, section 50 or 51 of the M6Child Care Act 1980 or section 24 or 25 of the M7Social Security Act 1986;
an order of a court in England and Wales or Northern Ireland registered in Scotland under Part II of the M8Maintenance Orders Act 1950;
a provisional order of a reciprocating country which is confirmed by a court in Scotland under Part I of the M9Maintenance Orders (Reciprocal Enforcement) Act 1972;
an order of a reciprocating country which is registered in Scotland under that Part of that Act;
an order registered in Scotland under Part II, or under an Order in Council made in pursuance of Part III, of that Act;
an order registered in Scotland under section 5 of the M10Civil Jurisdiction and Judgments Act 1982; F10. . .
[F11a decision, court settlement or authentic instrument (within the meaning of Article 2 of the Maintenance Regulation) which is registered in Scotland under the [F122011 Regulations];]
an alimentary bond or agreement (including a document providing for the maintenance of one party to a marriage by the other after the marriage has been dissolved or annulled)—
a [F15maintenance assessment] [F15maintenance calculation] within the meaning of the Child Support Act 1991] [F16; or
a maintenance decision (within the meaning of regulation 2 of the International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301) or maintenance arrangement (within the meaning of Article 3(e) of the Hague Convention) which is registered in the sheriff court under the Hague Convention.]
[F17“the Maintenance Regulation” means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;]
“net earnings” has the meaning given to it in section 73(1) of this Act;
“officer of court” means a messenger-at-arms or a sheriff officer;
“ordinary debt” has the meaning given to it in section 73(1) of this Act;
[F18“summary warrant” means a summary warrant granted under or, as the case may be, by virtue of—
paragraph 7 of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987;
paragraph 2 of Schedule 8 to the M11Local Government Finance Act 1992;
paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994; or
F19...
[F20paragraph 2 of schedule 4 to the Water Industry (Scotland) Act 2002 (asp 3);]
[F21the enactments (other than the Taxes Management Act 1970)] mentioned in Schedule 4 to this Act;
[F22section 128 of the Finance Act 2008.]]
[F23section 225 of the Revenue Scotland and Tax Powers Act 2014 (asp 16).]
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 106 inserted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 1(7)(a)
F2Words in s. 106 inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 16(14)(a) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), sch. 1 (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)
F3Words in s. 106 inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), s. 227(3), sch. 5 para. 16(14)(b) (with s. 223); S.S.I. 2008/115, art. 3(2)(3), sch. 1 (with arts. 4-6, 10, 15) (as amended: (23.2.2009) by S.S.I. 2009/67, art. 7; (31.1.2011) by S.S.I. 2011/31, art. 5(a); and (4.10.2014) by S.S.I. 2014/173, arts. 1(2), 3)
F4Words in s. 106 inserted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 1(7)(b)
F5S. 106 (definition of levying authority) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 55(a), Sch. 14; S.I. 1993/575, art. 2(c).
F6Words in s. 106 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 53(a); S.S.I. 2005/604, arts. 2(c), 4
F7Words in s. 106 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 53(b); S.S.I. 2005/604, arts. 2(c), 4
F8Words in s. 106 inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 11(6)(a)(i)
F9Words in s. 106 substituted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 1(7)(c)(i)
F10Word in s. 106 omitted (5.4.1993) by virtue of Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para. 8(7)(a) (with s. 9(2)); S.I. 1992/2644, art. 2.
F11Words in s. 106 inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 11(6)(a)(ii)
F12Words in s. 106 substituted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 1(7)(c)(ii)
F13Word in s. 106 omitted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by virtue of The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 1(7)(c)(iii)
F14In s. 106, word and para. (j) in the definition of "maintenance order" inserted (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para. 8(7)(b) (with s. 9(2)); S.I. 1992/2644, art. 2.
F15Words in s. 106 substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 7(3) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F16Words in s. 106 inserted (1.8.2014 as notified in the Edinburgh Gazette dated 27.6.2014 (Issue 27425)) by The International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (S.S.I. 2012/301), reg. 1(b), sch. para. 1(7)(c)(iv)
F17Words in s. 106 inserted (18.6.2011) by The Civil Jurisdiction and Judgments (Maintenance) Regulations 2011 (S.I. 2011/1484), reg. 1(1), Sch. 7 para. 11(6)(b)
F18Definition of “summary warrant” in s. 106 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 151(3); S.I. 1996/323, art. 4(1)(c)
F19Words in s. 106 omitted (23.11.2009) by virtue of Finance Act 2008 (c. 9), s. 129(4), Sch. 43 para. 13(3)(a); S.I. 2009/3024, art. 3 (with art. 5)
F20S. 106: in definition of "summary warrant" para. (cca) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 17(3) (with s. 67); S.S.I. 2002/118, art. 2(3)
F21Words in s. 106 substituted (23.11.2009) by Finance Act 2008 (c. 9), s. 129(4), Sch. 43 para. 13(3)(b); S.I. 2009/3024, art. 3 (with art. 5)
F22Words in s. 106 inserted (23.11.2009) by Finance Act 2008 (c. 9), s. 129(4), Sch. 43 para. 13(3)(c); S.I. 2009/3024, art. 3 (with art. 5)
F23Words in s. 106 inserted (1.4.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16), s. 260(2), sch. 4 para. 1(4) (with ss. 257-259); S.S.I. 2015/110, art. 2(1)
F24S. 106: definition of "warrant of sale" repealed (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), s. 61, Sch. 3 Pt. 1 para. 17(17)
Modifications etc. (not altering text)
C1S. 106 modified (1.4.2008) by The Enforcement of Fines (Diligence) (Scotland) Regulations 2008 (S.S.I. 2008/104), regs. 1(1), 2(b)(vii)
Marginal Citations
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