73 Interpretation of Part III.

• “creditor”,in relation to maintenance, means the payee specified in the maintenance order or orders or anyone deriving title from the payee;

• “current maintenance” means maintenance being deducted from earnings in accordance with section 53(1) or 63(3) or (5) of this Act;

• “debt recoverable” has the meaning given in section 48(1) of this Act;

• “decree or other document” means —

  1. a

     a decree of the Court of Session or the sheriff or a document registered for execution in the Books of Council and Session or the sheriff court books;

  2. b

     a summary warrant, a warrant for the civil diligence or a bill protested for non-payment by a notary public;

  3. c

     an order or determination which by virtue of any enactment is enforceable as if it were an extract registered decree arbital bearing a warrant for execution issued by the sheriff;

  4. d

     a civil judgment granted outside Scotland by a court, tribunal or arbiter which by virtue of any enactment or rule of law is enforceable in Scotland; or

  5. e

     a document or settlement which by virtue of an Order in Council made under section 13 of the M1Civil Jurisdiction and Judgements Act 1982 is enforceable in Scotland,

  on which, or on an extract of which, an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order is founded;

• “earnings” has the meaning given in subsection (2) below;

• “employer” means any person who pays earnings to a debtor under a contract of service or apprenticeship, but—

  1. a

     in relation to any sum payable as a pension within the meaning of subsection (2)(c) below, means the person paying that sum; and

  2. b

     where the employee is an officer of the Crown, means, subject to subsection (5) below, the chief officer in Scotland of the department or other body concerned,

  and “employee”, “employed” and “employment” shall be construed accordingly;

• “net earnings” means the earnings which remain payable to the debtor after the employer has deducted any sum which he is required to deduct in respect of—

  1. a

     income tax;

  2. b

     primary class 1 contributions under Part I of the M2Social Security Act 1975;

  3. c

     amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme F1 , namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums—

  1. i

     to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or

  2. ii

     to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise,

  whether with or without any further or other benefit;

  1. d

     F2any amount deductible by virtue of a deduction from earnings order which, in terms of regulations made under section 32(4)(c) of the Child Support Act 1991, is to have priority over diligences against earnings.

  • “ordinary debt” means any debt (including a fine or any sum due under an order of court in criminal proceedings in respect of which a warrant for civil diligence has been issued, arrears of maintenance and the expenses of current maintenance arrestments) other than current maintenance;

  • “pay-day” means a day on which the employer of a debtor pays earnings to the debtor;

  • “sheriff”, in relation to an application—

  1. a

     under section 50(1) or (3), 55(1), (2) or (5) or 57(6) of this Act, means the sheriff having jurisdiction—

     1. i

        over the place where the earnings arrestment or the current maintenance arrestment to which the application relates was executed; or

     2. ii

        if that place is unknown to the applicant, over an established place of business of the debtor’s employer;

  2. b

     under section 59(5) or 62(4), means the sheriff having jurisdiction over the place where a creditor serves an earnings arrestment or a current maintenance arrestment schedule in relation to an arrestment which is not competent by reason of section 59 or 62 of this Act;

  3. c

     under section 60(2), means the sheriff having jurisdiction over the place where the existing earnings arrestment or current maintenance arrestment or either such arrestment was executed;

  4. d

     under section 60(9)(c), 62(5), 65 or 66 means the sheriff who made the conjoined arrestment order;

  • “specified rate”, in relation to interest—

  1. a

     included in a decree, order or extract, means the rate specified in such decree, order or extract (or deemed to be so specified by virtue of section 9 of the M3Sheriff Courts (Scotland) Extracts Act 1892);

  2. b

     not included in a decree, order or extract, means the rate for the time being specified by virtue of that section.