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Debtors (Scotland) Act 1987
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- 1987 c. 18
- PART V
- Section 83
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Version Superseded: 01/04/2008
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- 01/02/1991- Amendment
- 01/07/1992
Point in time - 01/04/2008- Amendment
- 31/01/2011- Amendment
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83 Service of charge and execution of diligence or warrant void where officer of court has interest.S
(1)The service of a charge for payment or the execution of diligence, or of a warrant in any proceedings, by an officer of court shall be void if the subject matter of the charge, diligence or proceedings—
(a)is one in which the officer of court has an interest as an individual; or
(b)consists of or includes a debt in respect of which any of the circumstances mentioned in subsection (2) below apply.
(2)The circumstances referred to in subsection (1)(b) above are where the debt is due to—
(a)a company or firm, and the officer of court—
(i)is a director or partner of that company or firm or holds by himself, or along with a business associate or with a member of his family, a controlling interest therein; or
(ii)has a pecuniary interest in that company or firm and the principal business of the company or firm is the purchase of debts for enforcement;
(b)a business associate of the officer of court, or to a member of the officer of court’s family;
(c)a company or firm, and a business associate of the officer of court or a member of the officer of court’s family—
(i)is a director or partner of that company or firm or holds a controlling interest therein; or
(ii)has a pecuniary interest in that company or firm and the principal business of the company or firm is the purchase of debts for enforcement.
(3)Any reference in subsection (2) above to—
(a)a business associate of an officer of court shall be construed as a reference to a co-director, partner, employer, employee, agent or principal of the officer of court;
(b)a member of an officer of court’s family shall be construed as a reference to the wife or husband, a parent or child, a grandparent or grandchild, or a brother or sister of the officer of court (whether of the full blood or the half-blood or by affinity);
(c)a controlling interest in a company shall be construed in accordance with paragraph 13(7) of Schedule 4 to the M1Finance Act 1975.
(4)In subsection (3)(a) above “principal” does not include a principal in a contract for the service of a charge or the execution of diligence or of a warrant in relation to the debt concerned.
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