Version Superseded: 01/04/2008
Point in time view as at 01/04/2002. This version of this provision has been superseded.
Debtors (Scotland) Act 1987, Section 51 is up to date with all changes known to be in force on or before 01 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.
(1)Subject to sections 58(2) and 69 of this Act, a current maintenance arrestment shall have the effect of requiring the employer of the debtor while the arrestment is in effect to deduct a sum calculated in accordance with section 53 of this Act from the debtor’s net earnings on every pay-day and as soon as is reasonably practicable to pay any sum so deducted to the creditor.
(2)Subject to sections 59 and 62 of this Act, a current maintenance arrestment—
(a)shall come into effect on the date of its execution, being the date on which a schedule in the form prescribed by Act of Sederunt (to be known as a “current maintenance arrestment schedule”) is served on the employer of the debtor; and
(b)shall remain in effect until the debtor has ceased to be employed by the employer concerned, or the arrestment has been recalled or abandoned by the creditor or has ceased to have effect under section 55(8) of this Act or for any other reason.
(3)The expenses incurred in executing a current maintenance arrestment shall be recoverable from the debtor as an ordinary debt.
(4)Subject to section 52(2)(b) of this Act, a current maintenance arrestment schedule shall specify the maintenance payable by the debtor expressed as a daily rate.
(5)For the purposes of subsection (4) above the daily rate shall be arrived at—
(a)where the maintenance is paid monthly, by multiplying the monthly rate by 12 and dividing it by 365;
(b)where it is paid quarterly, by multiplying the quarterly rate by 4 and dividing it by 365.
(6)No interest shall accrue on any arrears of the maintenance which arise while a current maintenance arrestment is in effect.
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