PART VII MISCELLANEOUS AND GENERAL

94 Ascription of sums recovered by diligence or while diligence is in effect.

1

This section applies to any sums recovered by any of the following diligences—

a

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

an earnings arrestment;

c

an arrestment and action of furthcoming or sale; or

d

a conjoined arrestment order in so far as it enforces an ordinary debt,

or paid to account of the sums recoverable by the diligence while the diligence is in effect.

2

A sum to which this section applies shall be ascribed to the following in the order in which they are mentioned—

a

the expenses already incurred in respect of—

i

the diligence;

ii

any previous diligence the expenses of which are chargeable against and recoverable from the debtor under section 93(5) of this Act;

iii

the execution of a current maintenance arrestment;

b

any interest, due under the decree or other document on which the diligence proceeds, which has accrued at the date of execution of the F2. . . earnings arrestment or arrestment, or in the case of an ordinary debt included in a conjoined arrestment order which has accrued at the date of application under section 60(2) or 62(5) of this Act;

c

any sum (including any expenses) due under the decree or other document, other than any expenses or interest mentioned in paragraphs (a) and (b) above.