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Debtors (Scotland) Act 1987, Section 72 is up to date with all changes known to be in force on or before 17 August 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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(1)This section shall have effect where a debtor’s estate is sequestrated.
(2)Any existing earnings arrestment, current maintenance arrestment or, subject to subsection(3) below, conjoined arrestment order [F1or deduction from earnings order under the Child Support Act 1991] shall cease to have effect on the date of sequestration.
(3)Any sum paid by the employer to the sheriff clerk under a conjoined arrestment order on a pay-day occurring before the date of sequestration shall be disbursed by the sheriff clerk under section 64 of this Act notwithstanding that the date of disbursement is after the date of sequestration.
[F2(3A)Any sum deducted by the employer under such a deduction from earnings order made before the date of sequestration shall be paid to the Secretary of State, notwithstanding that the date of payment will be after the date of sequestration.]
(4)The execution of an earnings arrestment or the making of a conjoined arrestment order shall not be competent after the date of sequestration to enforce a debt in respect of which the creditor is entitled to make a claim in the sequestration.
[F3(4A)A deduction from earnings order under the said Act shall not be competent after the date of sequestration to secure the payment of any amount due by the debtor under a [F4maintenance assessment] [F4maintenance calculation] within the meaning of that Act in respect of which a claim could be made in the sequestration.]
(5)In this section “date of sequestration” has the same meaning as in section [F522(7) of the Bankruptcy (Scotland) Act 2016].
Textual Amendments
F1Words in s. 72(2) inserted (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para. 8(5)(a) (with s. 9(2)); S.I. 1992/2644, art. 2.
F2S. 72(3A) inserted (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para. 8(5)(b) (with s. 9(2)); S.I. 1992/2644, art. 2.
F3S. 72(4A) inserted (5.4.1993) by Child Support Act 1991 (c. 48, SIF 20), s. 58(13), Sch. 5 para. 8(5)(c) (with s. 9(2)); S.I. 1992/2644, art.2.
F4Words in s. 72(4A) 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(2) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.
F5Words in s. 72(5) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 11(6) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
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